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(영문) 창원지방법원 마산지원 2018.06.21 2017가단107257
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment project on the area of 103,621.76m2 (hereinafter “A”) of the Masan-si, Changwon-si, Yongsan-si, Seoul Special Metropolitan City. The real estate listed in the attached Table (hereinafter “instant real estate”) belongs to the rearrangement zone.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for A Housing Redevelopment Improvement Project.

(hereinafter referred to as “instant notice”) C.

The Defendant, as the owner of the instant real estate, failed to file an application for parcelling-out with the Plaintiff within the period for application for parcelling-out, is a person subject to cash liquidation, and currently occupies the instant real estate.

On December 26, 2017, under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling to expropriate the real estate of the Defendant (the date of commencement of expropriation on February 19, 2018).

Accordingly, on February 9, 2018, the Plaintiff deposited the amount of compensation (settlement money) determined by the above ruling with the Defendant as the principal deposit.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 9, and 10, the purport of the whole pleadings

2. The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) was wholly amended since the public notice of this case under the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017). However, the public notice of this case under Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017) is deemed to have been made under the amended Act. As such, the relevant provision on the right to benefit from the use of buildings, etc. is not Article

According to the above, when the management and disposal plan is authorized and publicly notified, the right holder such as the owner, superficies, leaseer, etc. of the previous land or building is the same.

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