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(영문) 창원지방법원마산지원 2019.09.26 2018가단108288
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B is the second floor of the buildings listed in Appendix 1’s Schedule of Real Estate;

B. Defendant C shall be in attached Form 1.

Reasons

In addition to the purport of the entire argument in the statement in Gap evidence Nos. 1 through 6 (including the number with each number), 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"), and each real estate listed in the real estate list in the attached Table Nos. 1 (hereinafter "each real estate in this case") belongs to the improvement zone, and the original city Mayor authorized the management and disposal plan of the plaintiff on May 29, 2017 and publicly announced it pursuant to Article 78 of the Urban Improvement Act. The defendants are the owners or lessees of each part of each real estate in this case who ordered each performance of each of the real estate in this case as the owner or lessee of each part ordering each of the orders

On the other hand, in cases where the competent administrative agency publicly announced an approval plan for the management and disposal of the association, the owner, superficies, leaseer, etc. of the previous land or building cannot use or profit from the land or building until the date of the public announcement of transfer under Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, and the project implementer can use or profit from the land or building (see, e.g., Supreme Court Decisions 2012Da62561, Jul. 24, 2014; 2012Da62578, Jul. 24, 2014). The defendants who possess or use each real estate of this case as the owner or lessee of each real estate of this case are obligated to deliver the plaintiff who acquired the right to use or profit from each real estate of this case to the owner

Therefore, since the plaintiff's respective claims against the defendants of this case are reasonable, all of them shall be accepted.

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