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(영문) 대전지방법원천안지원 2016.12.15 2016가단110822
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in Appendix 1;

B. Defendant D and E are listed in Appendix 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement the Housing Redevelopment and Improvement Project (hereinafter “instant rearrangement project”) in the Donnam-gu Seoul Metropolitan City.

B. On October 23, 2015, the Plaintiff obtained authorization of the management and disposal plan concerning the instant rearrangement project from the astronomical City Mayor, and the astronomical City Mayor announced the management and disposal plan for the said project to X on November 2, 2015.

C. The Defendants are each owners or occupants of each of the pertinent real estate stated in the order, and each of the said real estate is within the business zone of the instant rearrangement project.

[Reasons for Recognition] Defendant G, Defendant G, and T: Each entry in the judgment by service by public notice (Article 208(3)2 of the Civil Procedure Act), Defendant I, M, and V, evidence Nos. 1 through 7 (including the number of pages), and the purport of the entire pleadings, each entry in the judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination:

A. In light of the determination on the cause of the claim and the public notice of the approval of the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the owner, lessee, etc. of the previous land or building cannot use and benefit from each real estate (Article 49(6) main sentence, (3), and Article 54 of the above Act). According to the above facts, it is reasonable to view that the Defendants, the owner or occupant of the real estate in the implementation zone of the instant improvement project, lose the right to use and benefit from each of the relevant real estate, and the Plaintiff lawfully acquired the above right to use and benefit from

B. As to Defendant M and V’s assertion is considerably low, the above Defendants asserted that they cannot respond to the Plaintiff’s claim before receiving appropriate compensation equivalent to the market price.

Dop. Dop.

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