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(영문) 창원지방법원마산지원 2017.08.23 2017가단100577
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B, among the 1st floor of the building listed in the attached Table 1, shall include the indication of the attached Form 1 drawings A, B, C, D, and A.

Reasons

1. Indication of claim;

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”) to implement a housing redevelopment project with the size of 63,773m2 as a rearrangement zone with the size of 63,73m2 in Changwon-si, Changwon-si.

B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on January 7, 2016.

C. Nonparty E is an order of Nonparty E located in the rearrangement zone.

The owner of the building described in the subsection (hereinafter referred to as the “building 1 of this case”) who has not filed an application for parcelling-out, and the Defendant B is the possessor of the building 1 of this case as the wife E.

The non-party F is located in the rearrangement zone No. 1-B.

The owner of the building indicated in the port (hereinafter referred to as the “second building of this case”) who has not filed an application for parcelling-out, and the Defendant C is the occupant of the second building of this case as the lessee of this case.

E. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the public announcement of the approval of the management and disposal plan is made, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer shall be able to use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010).

2. Confession; and

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