logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.10.26 2017가단123889
부동산인도
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in Section 1 of the Schedule of Attached Real Estate No. 2;

B. Defendant C is the same list.

Reasons

1. Basic facts

A. During Ansan-si, the Plaintiff is a housing redevelopment project partnership that obtained an authorization for the establishment of a housing redevelopment project on February 21, 2012 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 “Urban Improvement Act”) for the purpose of housing redevelopment project (hereinafter “instant redevelopment project”) consisting of a housing redevelopment project with a size of 116,66.10 square meters in the Gu G G G as an improvement zone (hereinafter “instant redevelopment project”).

B. On January 15, 2016, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the Ansan market, and on February 27, 2017, the management and disposal plan was publicly announced on the same day.

C. Defendant B is the owner of the real estate listed in paragraph (1) of the attached Table 2 in the above rearrangement zone (hereinafter “instant real estate”). Defendant C is each leased and possession of the real estate listed in paragraph (2) of the same Table (hereinafter “instant real estate”). Defendant D is the real estate listed in paragraph (4) of the same Table (hereinafter “instant real estate”) and Defendant E is the real estate listed in paragraph (13) of the same Table (hereinafter “instant real estate”) and Defendant F is the real estate listed in paragraph (14) of the same Table (hereinafter “instant real estate”).

[Reasons for Recognition] Defendant B: The absence of dispute, Gap evidence Nos. 1, 3, 4, and 5 (including virtual numbers), Eul evidence No. 1, the whole purport of the pleadings, defendant C, D, E, and F: Confession

2. Determination:

A. The main sentence of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date the relocation is publicly notified under Article 54.” Thus, when the approval of a management and disposal plan is publicly notified, the former land or structure shall

arrow