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(영문) 대전지방법원 천안지원 2018.07.18 2016가단110556
건물명도
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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”) in order to implement the housing redevelopment and consolidation project association (hereinafter “instant rearrangement project”).

B. On September 13, 2016, the Plaintiff obtained approval of the management and disposal plan for the instant rearrangement project from the Asan City Mayor, and the Asan City Mayor publicly notified the above management and disposal plan disposition on the same day.

C. Defendant B, as a lessee of the real estate indicated in Defendant B’s corresponding column No. 2, among the indications of the real estate to be delivered to each Defendant within the rearrangement zone of the instant rearrangement project, is engaging in manpower supply business under the trade name of “E” while occupying and using the said real estate. Defendant C occupies and uses the said real estate as the owner of the real estate indicated in Defendant C corresponding column among the indications of the same real estate.

Defendant C did not apply for an application for parcelling-out to the Plaintiff within the period of application for parcelling-out.

【Ground for Recognition: Facts without dispute, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of the Grounds for Claims, the owner, lessee, etc. of the previous land or building shall not use or profit from the previous land or building. According to the above facts of recognition, each lessee and owner of the real estate indicated in the relevant column for each defendant among the indications of real estate to be delivered to each defendant within the rearrangement zone of the instant rearrangement project, among the indications of real estate to be delivered to each defendant, shall lose the right to use or profit from the said real estate, and the plaintiff acquired the above right to use or benefit from the said real estate as the project implementer. Thus, the defendants shall deliver each of the above real estate to the plaintiff, except

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