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(영문) 창원지방법원 마산지원 2018.06.21 2017가단107318
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in [Attachment] Section 2;

B. Defendant C is listed in [Attachment] Section 7.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment project on the area of 103,621.76 square meters (hereinafter “A”) of the Masan-si, Changwon-si, Busan-si, Seoul-si, and the real estate in the attached Tables 2 and 7 (hereinafter “instant real estate”) belongs to the rearrangement zone.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for A Housing Redevelopment Improvement Project.

(hereinafter referred to as “instant notice”) C.

The Defendants, as the owners of the instant real estate, failed to apply for parcelling-out to the Plaintiff within the period of application for parcelling-out, are currently possessing the instant real estate as a person subject to cash settlement.

On December 26, 2017, pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), Gyeongnam-do Regional Land Expropriation Committee decided to expropriate the instant real estate of the Defendants (the date of commencement of expropriation on February 19, 2018).

On February 9, 2018, the Plaintiff deposited the amount of compensation (settlement money) determined by the above ruling with the Defendants as the deposited parties.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 9, and 10, the purport of the whole pleadings

2. The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) was wholly amended since the public notice of this case under the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017). However, the public notice of this case under Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017) is deemed to have been made under the amended Act. As such, the relevant provision on the right to benefit from the use of buildings, etc. is not Article

According to the above, when the management and disposal plan is authorized and publicly notified, the owner, superficies, leaseer, etc. of the previous land or building.

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