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(영문) 창원지방법원 마산지원 2018.08.29 2018가단2717
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C is a building listed in the attached list.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the “A Housing Redevelopment and Improvement Projects” with the size of 35,133,40 square meters of the area of the D day area in Changwon-si, Changwon-si.

B. On October 16, 2017, the Plaintiff received a management and disposal plan from the original market, and the original market publicly notified the management and disposal plan on the same day.

C. Defendant B is the owner of the building indicated in the attached list located in the rearrangement zone, and the Plaintiff’s association completed the application for parcelling-out in the application period for parcelling-out implemented by the Plaintiff association, and Defendant C occupies two floors among the buildings indicated in the attached list located in the rearrangement zone.

Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May

The defendants whose use or profit has been suspended in accordance with the notification of the management and disposal plan is obligated to deliver or withdraw the building owned by them to the plaintiff who acquired the right to use or benefit as the project implementer.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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