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(영문) 창원지방법원마산지원 2017.09.13 2017가단102498
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall each point of the building listed in the attached Form 1 in the attached Form 1, as indicated in the attached Form 1 A, B, C, D, and A.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 63,773m2 as a rearrangement zone with the size of 63,73m2 in Changwon-si, Changwon-si.

B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on January 7, 2016.

C. The non-party E is the owner of the building listed in the annexed Form 1 located in the rearrangement zone, who has not filed an application for parcelling-out, and the defendant B is the defendant 1-A of the order.

The possessor, the defendant C as the lessee of the building mentioned in the subsection, and the defendant C is ordered to do so.

It is an occupant of a building mentioned in the subsection. D.

Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May

The plaintiff who acquired the right to use and benefit as a project implementer, and the defendant B whose use and benefit have been suspended in accordance with the public notice of the management and disposal plan set forth in the Disposition A.

The building described in paragraph (1), and the defendant C shall be subject to Section 1-B of the Disposition.

There is a duty to deliver each building described in the subsection.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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