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(영문) 의정부지방법원 2017.04.26 2015가단125456
건물명도
Text

1. The Plaintiff:

가. 피고 B은 별지 목록 기재 제1 건물의 1층 중 제1 도면 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥,...

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Project”) which obtained authorization to establish an association from the Guri City on August 10, 2007 in order to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the housing redevelopment and rearrangement project district of 31,650 square meters in Guri-si, Seoul Special Metropolitan City.

The Plaintiff was authorized to establish an association on August 10, 2007 from the Guri market; the authorization to implement the project on February 11, 2008; and the authorization to implement the management and disposal plan on November 3, 2015, respectively.

On November 3, 2015, the above administrative disposition plan was announced to the JJ of the Guri-si.

The Defendants occupy each building (hereinafter referred to as the “instant building”) in the text of paragraph (1) of this Article located within the project implementation district.

The defendant is a person eligible for cash settlement because he/she fails to apply for parcelling-out within the period of application for parcelling-out under the management and disposal plan.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

B. 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 (hereinafter “Urban Improvement Act”), when the approval of the management and disposal plan is publicly announced, the owner, superficies, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the public announcement of relocation is made under Article 54

According to the above legal principles and facts of recognition, the Defendants, who occupied and used the instant building located in the project implementation district of the instant rearrangement project, are obligated to deliver the instant building to the Plaintiff, the said project implementer, unless there are special circumstances.

2. Judgment on the defendants' assertion

A. The main point of the assertion was that compensation for the Defendants was not completed.

B. Determination No. 5-12 and No. 6-13 of the evidence No. 13457813 are all the statements and arguments.

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