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(영문) 창원지방법원 마산지원 2018.07.18 2017가단105473
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in [Attachment] Section 2;

B. Defendant C shall set out in attached list 5.

Reasons

1. Facts of recognition;

A. 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”) to implement a housing redevelopment project on the area of 103,621.76m2 (hereinafter “A”) in the Changwon-si, Changwon-si E-gu, Changwon-si. The real estate stated in the attached Table 2, 6, 7, and 8 falls under the rearrangement zone.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for A Housing Redevelopment Improvement Project.

(hereinafter referred to as “instant notice”) C.

The Defendants, as the lessees of the real estate listed in [Attachment 2, 5, and 6] list, possess each of the above real estate (hereinafter “instant real estate”). D.

On December 26, 2017, under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Gyeongnam-do Land Expropriation Committee made a ruling on December 26, 2017 on the amount of business loss compensation for the Defendants: KRW 34,581,60, KRW 25,482,60, and KRW 26,481,60.

On February 13, 2018, the Plaintiff deposited the compensation (business compensation) stipulated in the above ruling with the Defendants as the deposited parties.

【Ground of recognition】 The fact that there has been no dispute, Gap's No. 1, 2, 4, 9, 10, 11, Gap's No. 12-1 and 2, and the purport of the whole pleadings

2. After the instant public notice of Article 81(1) main text of the Act on the Determination of Grounds for Claim, the Urban Improvement Act was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice was deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by February 8, 2017). As such, Article 81 of the former Urban Improvement Act, which is not Article 49 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017), which is a current Act, rather than Article 89 of the former Urban Improvement Act.

According to the above, when a management and disposal plan is authorized and publicly notified, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be subject to Article 86 of the same Act.

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