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(영문) 대전지방법원 천안지원 2018.08.29 2017가단102675
건물명도(인도)
Text

1. Defendant B and C are included in the indication of the real estate to be delivered to the Plaintiff by the Defendant, “B”.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement the Housing Redevelopment and Improvement Project Association (hereinafter “instant rearrangement project”).

B. On September 13, 2016, the Plaintiff obtained approval of the management and disposal plan for the instant rearrangement project from the Asan City Mayor, and the Asan City Mayor publicly notified the above management and disposal plan disposition on the same day.

C. The Defendants, among the indications of the real estate to be delivered to each Defendant within the rearrangement zone of the instant rearrangement project, possess and use each of the real estate in question as the owner of the real estate indicated in the corresponding column for each Defendant.

Defendant D and E did not apply for parcelling-out to the plaintiff within the period of application for parcelling-out.

【Ground for Recognition: Facts without dispute, Gap 1-10 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Claims against Defendants B and C, the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building when the approval of the management and disposal plan under the above Act is publicly notified. According to the above facts acknowledged, the defendant B and C, each owner of the real estate indicated in the corresponding column for each defendant, among the "Indication of real estate to be delivered" to each defendant within the rearrangement zone of the instant rearrangement project, lose the right to use or benefit from the above real estate, and the plaintiff acquired the above right to use or benefit from the said real estate as the project implementer. Thus, the

Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: Decision on deeming confession (Article 208(3)2 of the Civil Procedure Act)

B. As to claims against Defendant D and E, 1.

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