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(영문) 수원지방법원 안양지원 2018.06.22 2017가단115833
부동산인도
Text

1. The Plaintiff, Defendant B, and Defendant C, indicated in Appendix No. 2, and Defendant C, indicated in Appendix No. 7.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that obtained authorization to establish an association from the Gyeyang-si mayor on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) for the purpose of a housing redevelopment project (hereinafter “instant redevelopment project”) consisting of a housing redevelopment project with a size of 116,66.10 square meters in Ansan-si (hereinafter “instant redevelopment project”).

B. On January 15, 2016, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the Ansan market, and on February 27, 2017, the management and disposal plan was publicly announced on the same day.

C. Defendant B leased and occupied the real estate listed in the separate sheet No. 2 of the real estate list in the above rearrangement zone (hereinafter “instant two houses”); and Defendant C leased and occupied the real estate listed in No. 7 of the same list (hereinafter “instant seven houses”).

[Ground for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 4, Gap evidence Nos. 5-1, the purport of the whole pleadings, defendant C: Confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination:

A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date the previous public announcement is made pursuant to Article 54.” Thus, when the public announcement of the approval of the management and disposal plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall be suspended, and the project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are the project implementer,

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