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(영문) 창원지방법원 마산지원 2018.10.18 2017가단106681
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of the attached Table;

B. Defendant C shall be listed in Section 2 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a redevelopment project (hereinafter “instant project”) within the Gawon-gu Seoul Special Metropolitan City (103,621,76m2) in Changwon-si.

B. On December 15, 2015, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the owners of land, etc. in the instant project zone, and the Changwon Mayor approved the Plaintiff’s management and disposal plan and publicly notified it on December 15,

(hereinafter referred to as “instant notice”). C.

Defendant D is the owner of the real estate listed in paragraph (3) of the attached list in the rearrangement zone. Defendant B is the owner of the real estate listed in paragraph (1) of the attached list; Defendant C is the real estate listed in paragraph (2) of the attached list; Defendant E is the real estate listed in paragraph (4) of the attached list; Defendant F is the lessee of the real estate listed in paragraph (5) of the attached list; and Defendant F is each lessee of the above real estate

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017) regarding the cause of the claim, when a management and disposal plan is authorized and publicly announced, the owner, superficies, leaser, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of transfer under Article 54 of the same Act, and the project implementer may allow the use or benefit from the former land or structure (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 2012Da6251, 62578, Jul. 24, 2014). Therefore, the Defendants whose use or benefit has been suspended as the owner or lessee under the public announcement of this case are obligated to deliver the Plaintiff the real estate acquired each of the real estate in this case as the project implementer.

B. Defendant E, Defendant E, and F’s assertion

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