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(영문) 창원지방법원마산지원 2017.05.31 2016가단106257
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

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

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 the “A Housing Redevelopment and Improvement Projects” with the size of 63,773 square meters as an improvement zone with the size of 63,73,17 square meters in the F.

B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on the same day.

C. Defendant B is the owner of a building listed in paragraph (1) of the attached Table 1 located in the rearrangement zone, Defendant C is the owner of a building listed in paragraph (2) of the attached Table 2 located in the rearrangement zone, Defendant D is the owner of a building listed in paragraph (3) of the attached Table 3 located in the rearrangement zone, Defendant E is the owner of a building listed in paragraph (4) of the attached Table 4 located in the rearrangement zone,

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 defendants whose use or profit has been suspended in accordance with the notification of the above management and disposal plan are obligated to deliver each building owned by them to the plaintiff who acquired the right to use or profit as the project implementer.

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

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