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(영문) 대구지방법원 2018.09.07 2018가단108046
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, listed in the attached Table 1 real estate list, and the attached Table 2 real estate list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that completed the registration of incorporation on September 9, 2008 after obtaining authorization from the head of the Gu from the Daegu Metropolitan City on September 3, 2008 to implement a housing redevelopment project in the Daegu Jung-gu E-gu. The Plaintiff is a housing redevelopment project partnership under the Urban Improvement Act, the establishment of which was approved on July 25, 2016.

B. On September 5, 2017, the Plaintiff Cooperative received an approval for the management and disposal plan, and notified the approval for the management and disposal plan by the Daegu-gu Seoul Metropolitan City Public NoticeF on September 11, 2017.

C. On May 28, 2018, the Daegu Metropolitan City Land Tribunal accepted each real estate listed in the separate sheet Nos. 1, 2, and 3 as of June 30, 2018.

Defendant B occupies the real estate listed in the real estate list in attached Form 1; Defendant C occupies the real estate listed in attached Form 2; and Defendant D occupies the real estate listed in attached Form 3.

[Ground of recognition] With respect to Defendant D: The fact that there is no dispute against Defendant B and C, each entry in the evidence of subparagraphs 1 through 7, and the purport of the whole pleadings

2. The main sentence of Article 49(6) of the Act on the Determination of Urban Improvement provides that, when a public announcement of the approval for the management and disposal plan is made pursuant to paragraph (3) of the same Article, 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 public announcement of relocation is made pursuant to Article

Therefore, after the authorization of the management and disposal plan is announced, the use and profit-making right of the real estate owner in the project zone is suspended, and the partnership, the project implementer, shall acquire the right.

According to the above, the Plaintiff’s association obtained approval of the management and disposition plan on September 5, 2017, and as such, the Plaintiff publicly notified the management and disposition plan on September 11, 2017, respectively, and the Plaintiff’s list of real estate 1, 2, and 3.

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