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(영문) 대전지방법원 천안지원 2018.10.24 2018가단107158
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement 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 the housing reconstruction project of Dong-gu D (hereinafter “instant reconstruction project”).

B. As to the instant reconstruction project, the Plaintiff received project implementation authorization from the astronomical City Mayor on October 5, 2007, and obtained authorization for the implementation of the project on March 15, 2017, and obtained approval for the implementation of the project on December 1, 2017.

On December 11, 2017, the astronomical Mayor publicly notified the management and disposal plan E.

C. On March 30, 2017 to April 28, 2017, the Plaintiff issued a notice of application for parcelling-out to the Defendants for parcelling-out on March 27, 2017, and announced the application for parcelling-out on March 28, 2017. The Defendants received the above notice around that time, and applied for parcelling-out within the above period.

The defendants are vice versa.

Defendant B occupied the real estate indicated in paragraph (1) of the attached Table 1 owned by Defendant C in the rearrangement zone of the instant reconstruction project, and Defendant C occupied the real estate indicated in paragraph (2) of the attached Table 2 owned by Defendant B within the rearrangement zone of the instant reconstruction project by granting a loan for use.

【Fact that there has been no dispute, Gap 1-3, 5, 6 (including virtual number), the purport of the whole pleadings】

2. The assertion and judgment

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claim, the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building when the approval of the management and disposal plan is publicly notified pursuant to the above Act.

According to the above facts, the defendants, who are the user owners of each real estate listed in the separate sheet in the improvement zone of the reconstruction project of this case, are related to the above real estate.

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