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(영문) 창원지방법원 마산지원 2018.04.25 2018가단100093
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. Determination on the cause of the claim

A. 1) In order to implement a housing reconstruction improvement project with a size of 36,243.80 square meters as an improvement zone in Yongsan-gu, Changwon-si, Changwon-si, the Plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) On September 29, 2017, the original city approved the Plaintiff’s management and disposition plan and publicly notified it.

3) The Defendant occupies the above real estate as a lessee of the real estate indicated in the separate sheet located in the Plaintiff’s rearrangement zone.

B. Determination 1) The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee, 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 transfer under Article 54.” Thus, when the public announcement of the approval of the management and disposal plan is made, the use or profit-making by the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant, who

2. Judgment on the defendant's assertion

A. The plaintiff cannot respond to the claim for extradition of this case before receiving the relocation allowance from the plaintiff.

B. (1) Determination 1) Article 38 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) shall apply to a rearrangement project implementer within an improvement zone.

land, etc. under subsection (1) of this section.

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