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(영문) 수원지방법원 안양지원 2018.08.31 2017가단120989
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B indicated in the separate sheet No. 1, 2, 3, 4, 5, 6.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project whose size is 41,900 square meters in Ansan-si as an improvement zone during the period of Ansan-si.

B. On March 30, 2017, the Ansan City approved and publicly notified the Plaintiff’s management and disposal plan.

C. The Defendants leased and possessed part of the real estate indicated in the attached list in the above improvement zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of a management and disposition plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant whose use or profit as the lessee has been suspended pursuant to the public announcement of the authorization of

3. The defendants' assertion and judgment

A. The Plaintiff, the main point of the first argument on the invalidity of the instant management and disposition plan, shall establish a project implementation plan by preparing measures for relocating residents, including temporary accommodation facilities, pursuant to Articles 30 and 36(1) of the Urban Improvement Act.

However, the plaintiff is about the establishment of temporary accommodation facilities with regard to resident migration measures.

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