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(영문) 수원지방법원안산지원 2020.06.19 2019가단10729
건물인도
Text

1. The Plaintiff:

A. Defendant B is one of the two-storys listed in the separate sheet No. 1, 2, 3, 4, and 1 of the Attached Form No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by setting the area of project (hereinafter “instant project zone”) of 47,953 square meters in Gwangju-si.

B. On March 29, 2019, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

C. The Defendants occupy the corresponding part of each of the real estate stipulated in Paragraph (1) of this Article (hereinafter “each of the instant real estate”) within the instant business area.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including each number), the purport of the whole pleadings

2. According to the provisions of the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a notice of the approval of the management and disposal plan stipulated in the above Act is given, a right holder, such as an owner, lessee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and a project implementer can use or benefit

Since the management and disposal plan of this case was authorized and publicly announced on March 29, 2019, the plaintiff acquired the right to use and benefit from each of the real estate of this case in the project area of this case.

Therefore, the Defendants are obligated to deliver each of the instant real estate to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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