logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.09 2017가단122949
건물명도(인도)
Text

1. The defendant takes precedence over each point of the attached Form 2 to 7, and 2 among the 1st floor of the building indicated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association whose project implementation district covers the Dong Government City C Group as a project implementation district.

The Gu government Mayor authorized the management and disposal plan on February 16, 2017 concerning the housing redevelopment improvement project implemented by the plaintiff, and publicly announced it.

B. On May 11, 2006, the Defendant: (a) separately leased a part of 2,00,000 square meters in order to connect each point specified in the separate sheet No. 2, No. 7, and No. 39.6 square meters in the separate sheet No. 1,00,000, monthly rent No. 250,000, and annual renewal from May 15, 2006, respectively; and (b) currently occupied the above building.

C. The above building is located within the implementation zone of the Housing Redevelopment Improvement Project implemented by the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 16, the purport of the whole pleading

2. The assertion and judgment

(a) When a management and disposal plan has been publicly announced with regard to the cause of the claim after obtaining authorization from the developer for redevelopment and rearrangement project, the rightful claimants of the previous land or structures shall lose the right to use or profit from the previous land or structures, and the developer shall remove the existing structures or acquire the right to dispose or use them by other methods to implement the rearrangement project;

(See Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. In this case, the plaintiff's management and disposal plan was authorized and announced publicly. Thus, the defendant shall deliver the above building to the plaintiff as the project implementer, unless there are special circumstances.

B. The defendant's assertion argues that the defendant cannot accept the plaintiff's claim before the relocation measures are formulated or the compensation for relocation expenses are paid.

In this regard, it is recognized as part of the "living compensation" such as the tenant's right to move his/her residence, the right to claim for moving expenses, and the right to claim for moving expenses.

arrow