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(영문) 의정부지방법원 2020.08.19 2020가단101379
건물인도
Text

The Plaintiff

A. Defendant B is one of the categories indicated in the attached Table 1 list 3, 4, 5, 6, and 3 among the real estate listed in the attached Table 1 list.

Reasons

1. Determination as to claims against Defendant B, D, E, and F

A. The plaintiff to indicate the claim was authorized to establish a management and disposition plan after obtaining authorization from the old market.

The Defendants, as the lessees, possess each of the parts indicated in the text, are obligated to deliver the said parts to the Plaintiff.

(b) Judgment based on the constructive confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C

A. 1) The Plaintiff was an association established to implement a reconstruction project on a scale of 32,535 square meters in Guri-si, Guri-si, and obtained authorization for establishment from the Guri-si Mayor on December 26, 2007. 2) The Guri-si Mayor approved the management and disposal plan against the Plaintiff on October 1, 2019, and publicly notified the content thereof.

3) The Defendant is a lessee of 97 square meters of the second floor among the real estate in attached Table 1 list in the above improvement zone. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 5, and the purport of the whole pleadings]

(b) No right holder, such as the lessee of the previous land or structure, shall use or profit from the previous land or structure until the date of public announcement of the approval of the management and disposal plan when the determination of the cause of claim is made;

(The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Therefore, barring any special circumstance, the defendant is obligated to deliver the relevant portion to the plaintiff as a rearrangement project operator pursuant to the public notice of the approval of the above management and disposition plan as a lessee

C. The defendant's assertion asserts that the defendant cannot accept the claim for delivery until he receives a legitimate business loss compensation.

Article 63 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") provides a rearrangement project implementer with the authority to expropriate or use land, etc. under the Public Works Act in a rearrangement zone, unlike other rearrangement projects.

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