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(영문) 창원지방법원 마산지원 2018.08.16 2017가단107493
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and Defendant C jointly do the real estate listed in paragraph 1 of the attached Table;

B. Defendant D.

Reasons

1. Basic facts

A. The Plaintiff is an 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 redevelopment project (hereinafter “instant project”) within the area of Filwon-si, Changwon-si, Muwon (103,621.76 square meters).

B. On December 15, 2015, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the owners of land, etc. in the instant project zone, and the Changwon Mayor approved the Plaintiff’s management and disposal plan and publicly notified it on December 15,

(hereinafter referred to as “instant notice”). C.

The Defendants are the owners (Defendant B, C, E) or lessees (Defendant D) of each real estate listed in the separate sheet in the improvement zone (hereinafter “each of the instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017) (amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan is authorized and publicly notified, the owners, persons with superficies, persons having rights to the previous land or buildings, persons having rights to lease, and lessees, etc. may not use or benefit from the previous land or buildings until the date of public announcement of transfer under Article 54 of the same Act, and the project implementer may allow them to use or benefit from the former land or buildings (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 2012Da6251, 62578, Jul. 24, 2014). Accordingly, the Defendants, the owner or lessee of which was suspended from using or benefit from each of the instant real estate, as the project implementer

3. Judgment on the defendants' assertion

A. As to Defendant B and C’s assertion, Defendant B and C shall be paid by the Plaintiff the relocation cost, etc. as stipulated in Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and Articles 54(1) and 55(2) of the Enforcement Rule of the same Act.

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