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(영문) 창원지방법원 마산지원 2018.05.16 2017가단105206
건물명도(인도)
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 Improvement Project Association established pursuant to the Urban Improvement Act for the purpose of implementing a redevelopment project with a size of 103,621.76m2 as an improvement zone in Changwon-si E, Changwon-si.

B. On December 15, 2015, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan.

C. Each real estate listed in the attached list is located in the above rearrangement zone.

Defendant B real estate listed in paragraph (1) of the attached Table; Defendant C, and Defendant D, respectively, occupy the real estate listed in paragraph (2) of the attached Table; and Defendant D, respectively.

Article 81(1) main sentence of Article 81(1) of the Urban Improvement Act provides, “When the authorization of a management disposal 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 by the date of the public announcement of transfer under Article 86.” Thus, when the approval of a management disposal plan is publicly notified, the use of or profit from the right holder, such as the owner, superficies, leasee, 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

Therefore, according to the notification of the above management and disposal plan, Defendant B is obligated to deliver to the Plaintiff the right to use and benefit from each real estate listed in the separate sheet as the project implementer, Defendant C is obligated to deliver each real estate listed in the separate sheet No. 2, and Defendant D is obligated to deliver each real estate listed in the separate sheet No

2. Claim against Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Claim against Defendant C or D: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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