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(영문) 의정부지방법원 2016.12.22 2016가단101150 (1)
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts without dispute;

A. On August 10, 2007, the Plaintiff is the Housing Redevelopment and Improvement Project Association (hereinafter “Urban Improvement Act”) which has obtained an authorization to establish a housing under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the Gu Ri market on August 10, 2007 for the purpose of promoting a housing redevelopment project of 33,739 square meters in the Guri-si in Gyeonggi-do, and was authorized by the Gu Ri market on November 3, 2015, and announced as

B. The Defendant, as the owner of the real estate listed in the attached list in the Plaintiff’s project implementation district (hereinafter “instant real estate”), occupies and resides in the instant real estate.

2. The assertion and judgment

(a) When a management and disposal plan is authorized and publicly announced in a false housing rebuilding improvement project, a right holder, such as the owner, superficies, person having a right to lease, and lessee of the previous land or structure, cannot use or profit from the previous land or structure, but a right to use or benefit from the previous land or structure within the implementation zone of the rearrangement project shall be directly acquired to remove the existing structure, even if the project implementer intends to remove the existing structure;

B. According to the above facts and legal principles, the Plaintiff acquired the right to use and benefit from the instant real estate on November 3, 2015, which is the date of the public notice of the approval of the management and disposition plan. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances

C. The Defendant’s assertion argues that since the Defendant submitted an application for sale by clearly expressing his/her intention not to join the Plaintiff Cooperative, it is not a member of the Plaintiff but a person subject to cash settlement, and the Plaintiff’s intention to withdraw from the Cooperative was clearly expressed on or around August 2015, the Defendant cannot seek the delivery of the instant real estate to the Defendant without cash settlement.

Dominant A No. 9, A.

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