logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2017.09.27 2017가단103781
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 55,224.6m2 as an improvement zone with the size of 55,24m2 in Changwon-si.

B. On November 25, 2016, the Plaintiff received an administrative disposition plan from the original market on November 25, 2016, and the original market publicly notified the said administrative disposition plan on November 25, 2016.

C. Buildings listed in the attached list are located in the rearrangement zone, and the defendant is the lessee of the above building.

Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May

The plaintiff who acquired the right to use and benefit as a project implementer is obligated to deliver the building specified in the attached Table, the lessee whose use and benefit has been suspended in accordance with the public notice of the management and disposal plan.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

arrow