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(영문) 대전지방법원 천안지원 2018.06.14 2016가단110532
건물명도
Text

1. Defendant D, G, and H are included in the indication of the real estate to be delivered to the Plaintiff by the Defendant as indicated in attached Form 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association 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 the housing redevelopment and consolidation project association (hereinafter “instant rearrangement project”).

B. On September 13, 2016, the Plaintiff obtained the authorization of the management and disposal plan for the instant rearrangement project from the Asan City, and the Asan City publicly notified the disposition of the management and disposal plan as the J of the Si of Busan as of the same day.

C. The Defendants, as owners or lessees, occupied and used each real estate indicated in the column corresponding to the Defendant among each real estate indicated in paragraph (2) 2, to which the Defendant will deliver the real estate to each of the Defendant within the rearrangement zone of the instant rearrangement project.

Defendant C, E, and F did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

[Reasons for Recognition] Defendant B, C, E, and F: The absence of dispute, Gap evidence Nos. 1, 2, and 3-1, 3 through 5, Gap evidence Nos. 4, and 5, the purport of the whole pleadings, defendant D, G, and H: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claims against Defendants B, C, E, and F, when the approval of the management and disposal plan under the above Act is publicly notified, the owners, lessees, etc. of the previous land or buildings shall not use or profit from the previous land or buildings. According to the above recognition, according to the above recognition, real estate listed in the title No. 1 of the real estate indicated in the title of the real estate to be delivered to each defendant within the rearrangement zone of the instant rearrangement project (hereinafter “instant 1 real

(2) Each of the real estates listed in the No. 2, 5, and 6 (hereinafter “No. 2 real estate of this case”) with Defendant B, the lessee.

Defendant C, E, and F, the owner of each of the above real estate, lose the right to use and benefit from each of the above real estate, and the Plaintiff is the project implementer.

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