logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.07.25 2019나52652
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

O.

Reasons

1. The Plaintiff is a housing redevelopment and consolidation project association established under the former 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”) for the purpose of implementing a housing redevelopment and rearrangement project whose project implementation district covers the Fluan-gu in Ansan-si, Ansan-si as the project implementation district.

(2) Defendant B is the owner of the instant real estate located in the said project implementation district.

C From among the instant buildings, part of 91.78§³ and 18.24 square meters of a prefabricated 1st floor of reinforced concrete structure, among the instant buildings, the Defendant E, who is a dependent of the Defendant B, occupies each of the instant buildings with the consent of Defendant B with the part of 91.78 square meters of a house of reinforced concrete structure slive roof among the instant buildings, and 91.78 square meters of a house of reinforced concrete structure among the instant buildings.

(No data to verify legal relations, such as lease between Defendant B, C, and Defendant E is submitted). The instant building is an unauthorized building.

(3) C and Defendant E use the above occupied part of the instant building as an office of “H”, a meeting to oppose the Plaintiff’s redevelopment project, and the remainder of the building except the above occupied part is a public room, and the Defendants or C are not residing in the instant building.

(4) On November 25, 2016, the Ansan City approved the Plaintiff’s management and disposition plan (hereinafter “instant management and disposition plan”) and publicly notified the plan.

(5) Article 30 subparag. 3 of the former Urban Improvement Act provides that "resident relocation measures including temporary accommodation facilities" and Article 30 subparag. 4 of the same Act provide that "resident relocation measures including temporary accommodation facilities" shall be included in a project implementation plan, and Article 36(1) of the same Act provides that "the project implementer shall temporarily reside in the relevant residential environment improvement project and housing redevelopment project with respect to the owners or tenants of the houses removed due to the implementation of the residential environment improvement project and housing redevelopment project, or shall correspond to temporary accommodation such

arrow