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(영문) 창원지방법원마산지원 2015.04.29 2014가단8779
건물명도
Text

1. The Defendant shall deliver to the Plaintiff one story of 79,77 square meters among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of housing redevelopment improvement project implemented in the Changwon-si, the Changwon-si, the Changwon-si, and was authorized to establish an association on January 10, 201 from the Changwon-si, the authorization for the implementation of the project on January 18, 201, the authorization for the implementation of the project on January 18, 201, and the authorization for the management and disposal plan was received,

B. The Defendant, as the owner of the building indicated in the attached list, was the Plaintiff’s member, and did not apply for parcelling-out, and the Defendant has occupied 79,77 square meters of the first floor among the buildings listed in the attached list (hereinafter “the part in dispute”) up to the date of closing the argument in this case.

C. On January 27, 2015, the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling of expropriation on March 23, 2015 (hereinafter “instant ruling”) with respect to the buildings, etc. listed in the separate sheet, and on March 6, 2015, the Plaintiff deposited the full amount of compensation for losses determined by the ruling of expropriation with respect to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, 6, 7, 8, 5-3, 2-2 and 3, and the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), where a management and disposal plan is authorized and the notice is made, a right holder, such as the owner of a previous parcel of land or building, etc., may not use or profit from the previous parcel of land or building until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. However, the same shall not apply to a right holder whose compensation has not been completed pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”). The Plaintiff, who is a project implementer,

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