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(영문) 창원지방법원 마산지원 2018.02.22 2017가단103248
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in the Appendix No. 1;

B. Defendant C and D are listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff was authorized to establish an association on January 3, 2008, as a housing redevelopment and rearrangement project association whose project area covers 91,426.3 square meters of a day-to-day, Changwon-si E.

B. Each real estate listed in the separate sheet is located in the project implementation district, and Defendant B is the owner of the real estate listed in the separate sheet 1, and Defendant C is the owner of the real estate listed in the separate sheet 2, and the same Defendants are subject to cash settlement not applying for parcelling-out, and Defendant D is the lessee residing in the real estate listed in the separate sheet 3.

C. On February 4, 2016, the Changwon market approved and publicly notified a management and disposal plan for the Plaintiff.

On October 31, 2017, the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling of expropriation on December 22, 2017 with respect to each real estate listed in the separate sheet on December 31, 2017. On December 13, 2017, the Plaintiff deposited the full amount of compensation for losses as stipulated in the above ruling of expropriation on December 13, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and its announcement is made, the owner of the previous land or structure cannot use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act. As acknowledged earlier, the public announcement of the approval of the management and disposal plan was made, the Defendants cannot use or benefit from each real estate listed in the attached list, and are obligated

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the defendants as the party against whom Article 98 of the Civil Procedure Act applies to the burden of litigation costs.

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