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(영문) 창원지방법원마산지원 2015.10.22 2015가단4729
건물인도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a maintenance and improvement project association established to implement a housing redevelopment project with the size of 71,106.30m2 as the project implementation district of 71,106m2 in Changwon-si, Changwon-si. The Plaintiff was authorized to establish an association on January 10, 201 from the original market.

The Changwon market approved the management and disposal plan on January 18, 2013 and January 23, 2014.

B. Each real estate listed in the separate sheet is located in the above project implementation district; Defendant B is the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the separate sheet No. 2; Defendant D is the real estate listed in the separate sheet No. 3; Defendant E is the person who owns and occupies the real estate listed in the separate sheet No. 4; and Defendant E is the person who owns and occupies the real estate listed in

C. On April 28, 2015, the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling of expropriation on June 17, 2015 (hereinafter “instant ruling”) with respect to each real estate listed in the separate sheet on April 28, 2015, and on May 27, 2015 and May 28, 2015, the Plaintiff deposited the full amount of the compensation for losses determined in the instant ruling for the Defendants.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 8 (including virtual numbers) and the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a management and disposal plan is authorized and its announcement is made, any holder of a right, such as the owner, 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 relocation under Article 54.” As seen earlier, barring any special circumstance, the Defendants are unable to use or benefit from each real estate listed in the attached Table, and are obligated to deliver the said real estate to the Plaintiff who is the project implementer.”

3. Determination as to the Defendants’ assertion

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