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(영문) 수원지방법원 2018.08.21 2018가단501835
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 35,740 square meters or more in Suwon-si, Suwon-si.

(2) On March 21, 2017, the Plaintiff received a management and disposal plan from the Suwon Market on March 21, 2017, and the Suwon Market publicly announced the management and disposal plan on the same day.

(3) Each real estate indicated in the order (hereinafter “instant real estate”) is located within the project zone of the instant rearrangement project.

(4) The defendant is the owner of the instant real estate and occupies them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. (1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the head of a Si/Gun shall, when he approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government.” Article 49(3) of the same Act provides that “When a public announcement is made under paragraph (3), the owner of the previous land or building, superficies, leaser, etc. shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 54.”

(2) The fact that the Suwon Market publicly announced the management and disposal plan of the instant rearrangement project is as seen earlier, and accordingly, the Defendant, the owner of the instant real estate located within the project zone of the instant rearrangement project, is unable to use or profit from the instant real estate pursuant to the main sentence of Article 49(6) of the former Act, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the implementer of the instant rearrangement project.

(3) this.

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