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(영문) 창원지방법원 마산지원 2018.07.18 2017가단107301
건물명도(인도)
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 of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project in the area of 103,621.76m2 (hereinafter “A zone in Changwon-si”). The real estate listed in the attached list (hereinafter “instant real estate”) belongs to the rearrangement zone.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for the housing redevelopment improvement project in a zone A.

(hereinafter referred to as “instant notice”) C.

The defendant, as the owner of the instant real estate, has failed to file an application for parcelling-out with the plaintiff within the period of application for parcelling-out, is currently possessing the said real estate.

On December 26, 2017, under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling to expropriate the real estate of the Defendant (the date of commencement of expropriation on February 19, 2018).

Accordingly, on February 9, 2018, the Plaintiff deposited the amount of compensation (settlement money) determined by the above ruling with the Defendant as the principal deposit.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's No. 1, 2, 4, 9, 10-1, and the purport of the whole pleadings

2. After the instant public notice of Article 81(1) main text of the Act on the Determination of Grounds for Claim, the Urban Improvement Act was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice was deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by February 8, 2017). As such, Article 81 of the former Urban Improvement Act, which is not Article 49 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017), which is a current Act, rather than Article 89 of the former Urban Improvement Act.

According to the above, when the management and disposal plan is authorized and publicly notified, the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be the same law.

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