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(영문) 수원지방법원 안양지원 2021.03.24 2020가단106778
부동산인도 등
Text

The Plaintiff

(a) Defendant B: each real estate listed in Appendix 1;

B. Defendant C is among the real estate listed in the Appendix 1 attached hereto.

Reasons

1. Facts of recognition;

A. During the period of Ansan-si, the Plaintiff is a cooperative that implements redevelopment and improvement projects (hereinafter “maintenance project in this case”) in the Dongwon (41,856 square meters), and Defendant B is the owner of each of the real estate in attached Form 1 in the above rearrangement zone, and Defendant C and D occupy each of the corresponding parts among the above real estate as the lessee in attached Tables 2 and 3.

B. On March 26, 2019, the Plaintiff obtained authorization of the instant redevelopment project implementation plan in accordance with the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) as F with the notice from the Ansan market on March 26, 2019. On March 4, 2020, the Plaintiff obtained the approval of the management and disposal plan for the instant redevelopment project from Ansan market to G with the notice from Ansan City.

[Reasons for Recognition] Defendant B: Each description of the evidence of Nos. 1 through 7 (including any number), and the purport of the whole theory of alteration as to whether a confession is deemed as a confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. When a public announcement of a management and disposal plan is made pursuant to Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Areas and Dwelling Conditions Act”), the use and profit of the right holder, such as the owner and lessee of the previous land or buildings, shall be suspended pursuant to Article 81(1) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). The Defendants, such as the owner and lessee of the previous land or buildings, etc., are subject to suspension of use and profit from the previous real estate owned or occupied by each owner in accordance with the public announcement of the management and disposal plan for the rearrangement project in this case. Unless there are special circumstances, the Defendants are obligated to deliver to the Plaintiff who acquired the right to benefit from use as the project implementer of the rearrangement project

B. As to Defendant C’s assertion, Defendant C is related to the acquisition of and compensation for land, etc. for public works.

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