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(영문) 창원지방법원마산지원 2019.05.15 2018가단2519
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3:

1) The Plaintiff is a rearrangement zone (hereinafter “instant rearrangement zone”) with the size of 35,133.4 square meters in Masan-si, Changwon-si, Changwon-si.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 11, 2008 to implement a redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

(2) On September 8, 2017, the original city approved and publicly notified the Plaintiff’s change of the project implementation plan and the Plaintiff’s change of the management and disposal plan (hereinafter “instant management and disposal plan”) on October 16, 2017, respectively.

3) Buildings listed in the separate sheet (hereinafter “instant building”)

(4) Defendant B is the owner of the instant building within the instant rearrangement zone. Defendant C is the owner of the instant building, and Defendant C leases and occupies approximately KRW 78.42m2m2 (hereinafter “Lease object of this case”) in sequenceing each point of 3,4,5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 3 of the first floor of the instant building.

B. Determination 1) The main sentence of Article 81(1) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee of the previous land or building, shall not use or profit from the previous land or building until the date the transfer is publicly notified under Article 86.” Thus, when the authorization of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, person having a right to lease on a deposit basis, etc., shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 2012Da6251, 62578, Jul.

. The facts found in the subsection.

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