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(영문) 인천지방법원 2019.06.13 2019가단209993
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall draw up the attached Form No. 1 floor of the real estate listed in the attached list

1. Description A, B, C, D, A.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project association established for the purpose of implementing a housing redevelopment project by setting the area of 129,599m2 in Michuhol-gu Incheon Metropolitan City H as the business area.

B. The head of Michuhol-gu Incheon Metropolitan City authorizing the management and disposal plan on June 19, 2017, and publicly announced it on the same day.

C. Each real estate stated in the order is located within the above business area, and the defendants occupy each of the pertinent real estate as the revenue collector.

【Reason for Recognition】 Each entry in the Evidence Nos. 1 through 11 (including each number), and the purport of the whole pleadings

2. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78 (4) is made, and the head of Michuhol-gu Incheon Metropolitan City publicly notified the approval of the management and disposal plan on June 19, 2017 and each real estate is located within the area above the project zone, and the defendants occupy each real estate as the revenue collector of the relevant

Therefore, the defendants are obligated to deliver each of their real estate to the plaintiff who acquired the right to use and benefit from the real estate as the project implementer, unless there are special circumstances.

3. Judgment on the defendants' assertion

A. The Defendants asserted to the effect that they still have the right to possess the pertinent real estate, but the evidence submitted by the Defendants alone is insufficient to recognize the project implementation plan and the approval plan of the management and disposal plan as invalid, since there is no designation or notification as to the instant housing redevelopment project zone.

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