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(영문) 대전지방법원 천안지원 2018.10.24 2018가단105251
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 E-gu Seoul Metropolitan City (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 announced the management and disposal plan as F.O. of the Y.

C. Each real estate listed in the separate sheet is located in the rearrangement zone of the reconstruction project of this case, and the defendant B occupies it as a lessee of the real estate listed in the separate sheet No. 1, and the defendant C occupies it as a lessee of the portion indicated in the separate sheet No. 2 of each real estate listed in the separate sheet No. 2 (a) of the first floor.

【Fact that there has been no dispute, Gap 1-3 (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, the lessee of the real estate located in the rearrangement zone of the reconstruction project of this case, lose their right to use and benefit from each of the relevant real estate, and the plaintiff acquired the above right to use and benefit from such real estate as the project implementer. Therefore, the defendants are obligated to deliver each

B. As to Defendant C’s assertion, Chungcheongnam-do, the owner of the instant real estate, constitutes a person subject to cash settlement.

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