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(영문) 대전지방법원 천안지원 2017.03.08 2016가단110440
건물명도
Text

1. The defendants deliver each of the defendant's real estate in the attached list to the plaintiffs.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the Eth of Busan City E.

B. On September 13, 2016, the Plaintiff obtained authorization of the management and disposal plan for the instant rearrangement project from the ASEAN mayor, and the ASEAN Mayor publicly notified the management and disposal plan for the said rearrangement project as F of the ASEAN public notice on September 13, 2016.

C. Defendant B and D are the owners of each of the pertinent real estate stated in the text, and Defendant C is the occupant of the pertinent real estate stated in the text.

Each of the above real estates is located within the project zone of the instant rearrangement project.

Defendant D applied for parcelling-out to the Plaintiff on March 16, 2016.

[Ground for Recognition] Defendant B: Each entry of evidence Nos. 1 and 2, A-3-8, 9, A-5, and 6, and the purport of the whole pleadings and arguments in the judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the main sentence of Article 49(6), Article 49(3), and Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the former land or buildings owner, lessee, etc. cannot use or benefit from each real estate if the approval of a management and disposal plan is publicly announced under the above Act. According to the above facts, it is reasonable to deem that the Defendants, the owner or occupant of the real estate in the implementation zone of the rearrangement project in this case, lose their right to use or benefit from each of the relevant real estate, and the Plaintiff lawfully acquired the above right to use or benefit from

3. Determination as to Defendant C and D’s assertion

A. Determination 1 on common assertion 1) The alleged plaintiff cannot acquire the right to use and benefit from each of the pertinent real estate stated in the order before paying the resettlement funds, housing relocation expenses, and director expenses. The defendants are not obliged to deliver each of the pertinent real estate stated in the order.

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