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(영문) 인천지방법원 2018.11.22 2018가단242658
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established for the purpose of implementing a housing redevelopment project with the area of 96,034.90 square meters in Nam-gu, Incheon Metropolitan City as the business area.

B. On November 13, 2017, the Plaintiff obtained the authorization of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly notified the same on

C. The defendant, as the plaintiff's member, applied for the parcelling-out as the plaintiff's member, and possessed each real estate listed in the attached list in the project zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Article 81 (1) 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”) provides that “Any right holder, such as the owner, superficies, person having a right to the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78 (4), if the public announcement of the approval is made under Article 86,” and the fact that the head of Incheon Metropolitan City has publicly announced the approval of the management

Therefore, the defendant, who is the owner of each real estate in the attached list in the project zone, has a duty to deliver each real estate listed in the attached list to the plaintiff who acquired the right to use

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

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