logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2017.04.12 2015가단112180
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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 rearrangement project association that has C as a rearrangement zone, including the site of the real estate listed in the attached list (hereinafter “instant real estate”).

B. The Plaintiff obtained authorization for the establishment of a astronomical market on July 24, 2006 and authorization for the implementation of a management and disposal plan on December 31, 2007, and obtained authorization from the astronomical market on April 3, 2015, and publicly notified the content of the above management and disposal plan on April 13, 2015.

C. The Defendant occupied the instant real estate as the owner of the instant real estate, and became subject to cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because the application for parcelling-out is not made within

On July 25, 2016, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Chungcheongnam-do, Chungcheongnam-do, where consultation on the amount of liquidation with the Defendant did not reach an agreement, and on July 25, 2016, the Chungcheongnam-do Local Land Tribunal rendered a adjudication of expropriation on September 8, 2016 with respect to the instant real estate owned by the Defendant. On August 9, 2016, the Plaintiff deposited for the Defendant KRW 17,821,520, total amount of housing relocation expenses, etc. and KRW 281,385,000, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 30 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. When the determination of the cause of the claim and the public notice of the authorization of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings 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). Therefore, the defendant, the owner of which

arrow