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(영문) 창원지방법원마산지원 2016.11.23 2016가단3266
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3.Paragraph 1.

Reasons

1. Indication of claim;

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”) to implement a housing redevelopment project with the size of 87,883 square meters as an improvement zone with the size of 87,83 square meters in Changwon-si, Changwon-si.

B. The Plaintiff received the authorization to implement the project on June 27, 2014 from the original market, and the authorization to implement the project on June 19, 2015, respectively, and the authorization to implement the management and disposal plan on June 19, 2015, and the original market was publicly notified on June 19, 2015.

C. The Defendant is an occupant of the building as the owner of the building indicated in the attached list located in the improvement zone, who has failed to file an application for parcelling-out.

On July 26, 2016, the Gyeongnam-do Regional Land Tribunal decided to expropriate the above building by designating 68,85,020 won as compensation, and September 19, 2016 from the date of expropriation. On September 12, 2016, the Plaintiff made a mixed deposit of 68,85,020 won as the Defendant with the depositee at the Changwon District Court Msan branch.

E. The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, 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 54.” Thus, when the public announcement of the approval of the management and disposal plan is made, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). The defendant, the use or profit-making of which has been suspended as owner pursuant to the public announcement of the above management and disposal

2. Service by public notice;

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