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(영문) 대전지방법원 2020.02.12 2019가단120685
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B Co., Ltd. shall have the real property listed in Appendix 1 List 1,

B. The defendant C shall list the annexed sheet 1.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a reconstruction association established for the purpose of implementing reconstruction improvement projects (hereinafter “instant rearrangement project”) in the Seo-gu Incheon Special Metropolitan City E-A house reconstruction rearrangement zone (hereinafter “instant rearrangement zone”). The Defendants are lessees who leased and occupy each real estate listed in the attached Table 1 list from the owners of the real estate in the instant rearrangement zone.

B. The Plaintiff obtained authorization for the establishment of the head of Seo-gu Daejeon Metropolitan City on September 20, 207, authorization for the implementation of the project on June 9, 2008, authorization for the management and disposal plan on January 12, 201, and authorization for the modification of the management and disposal plan on March 19, 2019, respectively. The above management and disposal plan was announced on January 12, 201, and authorization for the modification of the management and disposal plan was respectively announced on March 19, 201.

[Reasons for Recognition]

(a) Defendant B: Confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant C and D: The absence of dispute, evidence No. 1-1, evidence No. 2 through 6 (including each number for additional evidence), each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings;

2. The main text of Article 81(1) of the Act on the Determination of Grounds for Claim provides that “Any right holder, such as the owner, superficies, lessee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4), if the public announcement of the approval of the management and disposal plan is made under Article 86.” Thus, when the public announcement of the approval of the management and disposal plan is made, the use of or benefit from the former land or building by the right holder, such as the owner, superficies, leasee, etc., and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According

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