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(영문) 수원지방법원 안양지원 2018.11.07 2017가단125380
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in No. 8 of [Attachment 2] real estate list;

B. Defendant C is attached Form 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project for the purpose of implementing a housing redevelopment project with the housing redevelopment project district of the Gu FF large scale 116,66.10 square meters in Ansan-si under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

B. On February 27, 2017, the Ansan City approved the management and disposal plan for the housing redevelopment improvement project, and publicly notified the details thereof.

C. Among each real estate list in the above project implementation district, the real estate listed in No. 8, Defendant B, and Defendant C are leased and occupation of the real estate listed in No. 13, Defendant D, and Defendant E, respectively.

[Reasons for Recognition] Defendant B, C, and D: Defendant E: Each description of evidence set forth in subparagraphs 1 through 4 of Article 150 of the Civil Procedure Act, and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Markets, in a case where a management and disposal plan under the said Act is authorized and publicly announced, the use and profit-making of the right holder, such as the owner, superficies, person holding a right to lease on the previous land or buildings within the project implementation district, shall be suspended

Therefore, the defendants are obligated to deliver each possession of real estate to the plaintiff who acquired the right to use and profit from each possession of real estate listed in the attached Table 2 list as the lessee in accordance with the notice of the above management and disposal plan.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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