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(영문) 의정부지방법원 2019.12.17 2019가단101359
건물명도(인도)
Text

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

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which designates a project implementation district of the Dong Government-si C as a project implementation district.

B. On January 30, 2018, the Plaintiff received an administrative disposition plan under the Urban Improvement Act, and the authorization was publicly notified on the same day.

C. The defendant, as the plaintiff's member, owns the real estate in the attached Form located in the rearrangement zone.

【Ground of recognition】 Facts without dispute, entry of Gap evidence 1 through 5-14, the purport of the whole pleadings

2. According to Article 81(1) of the Act, a right holder, such as the owner 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 Urban Improvement Act, the plaintiff has the right to occupy and use the land and buildings in the improvement zone.

Therefore, the defendant who occupies and uses a building in the improvement zone is obligated to deliver the real estate owned to the plaintiff.

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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