logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.08.22 2017가단103630
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

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 Improvement of Urban Areas and Dwelling Conditions for Residents”) 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 announced the management and disposal plan E of the ASEAN City on the same day.

C. The Defendants are tenants of the real estate indicated in the separate sheet located within the instant redevelopment project zone (hereinafter “instant real estate”).

【Defendant B’s ground for recognition: A without dispute, each entry of Gap’s 1 through 5 (including the number of branch offices), the purport of the whole pleadings, and the purport of the whole pleadings: deemed as confession

2. After the public announcement of this case under 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 Improvement Act”), the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was wholly amended by Act No. 14567, Feb. 8, 2017. However, the public announcement of this case pursuant to Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017) appears to have been made pursuant to the amended Act. Thus, Article 81 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017) regarding the right to use buildings, etc.

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, the administrative disposition disposition regarding the redevelopment project of this case was publicly announced on September 13, 2016, and thus, within the redevelopment project district of this case.

arrow