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(영문) 창원지방법원 마산지원 2018.05.16 2017가단106704
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Claim against Defendant B, C, and D

A. Claim No. 1) The Plaintiff is a Housing Redevelopment Project Association established pursuant to the Urban Improvement Act to implement a redevelopment project with a size of 103,621.76 square meters, which is a rearrangement zone in Yongsan-si, Changwon-si. The Plaintiff approved the Plaintiff’s management and disposal plan on December 15, 2015, and publicly notified the plan.

3) The real estate listed in the separate sheet Nos. 1, 2, and 3 are located in the rearrangement zone. Defendant B is a lessee possessing the real estate listed in the separate sheet No. 1, the real estate listed in the separate sheet No. 2, and the real estate listed in the separate sheet No. 3, the Defendant D is a lessee possessing the real estate listed in the separate sheet No. 3. 4) The main text of Article 81(1) of the Urban Improvement Act provides that “When the authorization of the management and disposal plan is publicly notified, a right holder, such as the owner, superficies, leaser, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of the management and disposal plan is made, the use or benefit of the right holder, such as the owner, superficies, leaser, etc. of the previous land or building, and the project implementer may use or benefit from the land (see, e.g., Supreme Court Decision 2009Da53635, May 27).

B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession

2. Claim against Defendant E

A. 1) In order to implement a redevelopment project with a size of 103,621.76m2 as an improvement zone in Yongsan-gu, Changwon-si, Changwon-si.

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