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(영문) 대전지방법원 천안지원 2018.08.08 2016가단110518
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) in order to implement the housing redevelopment improvement project (hereinafter “instant redevelopment project”).

B. On September 13, 2016, the Plaintiff obtained the approval of the management and disposal plan for the instant redevelopment project from the ASEAN Mayor, and the ASEAN Mayor publicly notified the management and disposal plan as I publicly notified on the same day.

C. The Defendants are owners of each of the pertinent real estate indicated in Section B, which is located within the instant redevelopment project zone, indicated in Section B.

The defendants are eligible for cash settlement by failing to apply for parcelling-out within the period of application for parcelling-out.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14857, Aug. 9, 2017; hereinafter “Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), which was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice is deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017). Therefore, Article 81 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which is an amended

According to the main text, Articles 78(3) and 86 of the Act, the owner, lessee, etc. of the previous land or building shall not be allowed to use or benefit from the previous land or building when the approval of the management and disposal plan is publicly notified under the Act.

According to the above facts of recognition, the redevelopment project of this case is concerned.

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