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(영문) 창원지방법원마산지원 2015.10.22 2015가단4637
건물인도
Text

1. The Plaintiff:

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

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a maintenance and improvement project association established to implement a housing redevelopment project whose project area covers 71,106.30 square meters of K Won-si, Changwon-si, Changwon-si, which is a project implementation district, and obtained authorization to establish an association on January 10, 201 from the Changwon-si.

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 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 attached sheet No. 3; Defendant E is the real estate listed in the attached sheet No. 4; Defendant F is the real estate listed in the attached sheet No. 5; Defendant G is the real estate listed in the attached sheet No. 6; Defendant H is the real estate listed in the attached sheet No. 7; Defendant I is the real estate listed in the attached sheet No. 8; Defendant J is the person who owns and occupies the real estate listed in the attached sheet No. 9; Defendant J is the person who owns

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, entry of Gap 1 through 7, and 9 (including virtual numbers), 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, the owner of the previous land or building and the right holder such as the lessee shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54,” and that there was a public announcement of the approval of the management and disposal plan.

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