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(영문) 대전지방법원 천안지원 2017.03.09 2016가단111030
건물명도
Text

1. The Defendants’ real estate indicated in the attached Form B “Indication of the real estate to be extradited by the Defendant” to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement the Housing Redevelopment and Improvement Project (hereinafter “instant rearrangement project”) within the Flin City in Busan City.

B. On September 13, 2016, the Plaintiff obtained authorization of the management and disposal plan concerning the instant rearrangement project from the Asan City, and the Asan City announced the management and disposal plan as G publicly notified on September 13, 2016.

C. The Defendants are each owners or occupants of each of the pertinent real estate stated in the order, and each of the said real estate is within the business zone of the instant rearrangement project.

【Defendant B, C: A without dispute, Gap's evidence Nos. 1 through 11 (including branch numbers, and defendant C is alleged to have been forged in the application for parcelling-out of the certificate No. 10. However, in light of the fact that the above application for parcelling-out of the unit is accompanied by a certified resident registration directly issued by defendant C, a certified identification card, and a certified identification card, the authenticity of the application is recognized) and the purport of the whole pleadings: defendant E: A confession judgment (Article 208 (3) 2 of the Civil Procedure Act) by service by publication (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination:

A. In light of the determination on the cause of the claim and the public notice of the approval of the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the owner, lessee, etc. of the previous land or building cannot use and benefit from each real estate (Article 49(6) main sentence, (3), and Article 54 of the above Act). According to the above facts, it is reasonable to view that the Defendants, the owner or occupant of the real estate in the implementation zone of the instant improvement project, lose the right to use and benefit from each of the relevant real estate, and the Plaintiff lawfully acquired the above right to use and benefit from

B. Defendant B’s assertion on Defendant B

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