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(영문) 수원지방법원 성남지원 2018.07.24 2017가단226338
건물명도(인도)
Text

1. The defendant shall display the attached drawings (1), (2), (6), (7), and (8) of the land of the building listed in the attached Table 1 list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Seongdong-gu Mayor designated the Plaintiff as the implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the B Il-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul and 233,366 square meters, and publicly announced it.

B. On December 4, 2009, the Sungnam City approved the implementation plan of the instant rearrangement project on the same day, and publicly notified it on the same day, and on February 5, 2016, approved the amendment plan to the implementation plan of the instant rearrangement project as D public notice of Sungnam-si.

C. The Plaintiff established a management and disposal plan of the instant improvement project, and on November 7, 2016, the Seongbuk-nam City approved the said management and disposal plan as E publicly notified.

C. The Defendant is an occupant who is not an owner of the portion (c) 15.15 square meters in the ship (hereinafter “instant real estate”) that connects each point in sequence, and is not an owner of the attached Form 2 drawings among the land floors of the attached Table 1 building located within the instant rearrangement project zone, and is in possession and use until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence Nos. 8 and 9 (including additional number), the purport of the whole pleadings

2. Determination

A. According to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, where a management and disposal plan is authorized and the public notice thereof is made, a right holder such as the owner, superficies, leasee, etc. of the previous land or structure shall not use or profit from the previous land or structure until the public notice of relocation is given under Article 54 of the same

(See Supreme Court Decision 91Da22094 delivered on December 22, 1992, etc.). B.

According to the above facts and the above legal principles, as long as the management and disposal plan for the instant rearrangement project of the Plaintiff was authorized on November 7, 2016 and announced publicly, the Defendant, the occupant of the instant real estate located in the project implementation district, shall deliver the said real estate to the Plaintiff, who acquired the right to use and profit from the project implementer, unless there

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