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(영문) 대구지방법원 2018.10.23 2018가단108039
건물명도(인도)
Text

1. The Plaintiff, among the real estate indicated in the attached list, the Defendant B, three real estate, and the Defendant C, four real estate, respectively.

Reasons

1. Basic facts

A. On September 3, 2008, Plaintiff A’s Housing Redevelopment Project Association (hereinafter “Plaintiff A”) completed the registration of incorporation on September 9, 2008 under the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”) and obtained authorization for establishment on July 25, 2016 to implement a housing redevelopment project in Daegu-gu, Daegu-gu, the head of the Gu, the head of the Gu, and the Plaintiff A’s association is a housing redevelopment project partnership under the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”), and the Defendants are residing in possession of real estate in the attached list in the project implementation district of the Plaintiff’s association (hereinafter “each of the instant real estate”).

B. The main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that “When an approval of the management and disposal plan provided for in paragraph (3) of the same Article is publicly notified, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement

C. On September 5, 2017, the Plaintiff Union obtained authorization of the management and disposition plan, and on September 11, 2017, the approval of the management and disposition plan was publicly notified by the Jung-gu Seoul Metropolitan City public notice E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. When the approval of a management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 9729, May 27, 2009; hereinafter “Urban Improvement Act”) is publicly announced as to the cause of the claim, the use and profit-making of the right holders, such as owners, persons with superficies, persons with a right to lease on a deposit basis, and persons with a right to lease on a deposit basis, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit-making therefrom (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010).

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