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(영문) 창원지방법원마산지원 2016.11.23 2016가단3327
건물인도등
Text

1. The Defendant shall leave the Plaintiff from the rooftop floor of 8.13 square meters of the building on the attached list.

2. The costs of lawsuit shall be individually counted.

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 87,883 square meters as an improvement zone with the size of 87,83 square meters in Changwon-si, Changwon-si.

B. The Plaintiff received the authorization to implement the project on June 27, 2014 from the original market, and the authorization to implement the project on June 19, 2015, respectively, and the authorization to implement the management and disposal plan on June 19, 2015, and the original market was publicly notified on June 19, 2015.

C. D is the owner of a building listed in the attached list located in the rearrangement zone, who has not filed an application for parcelling-out, and the Defendant is the occupant of the building specified in paragraph (1) of this Article.

On July 26, 2016, the Gyeongnam-do Regional Land Tribunal deposited KRW 142,663,710 as compensation and KRW 142,63,710 as compensation for the above building, etc. on September 19, 2016. On September 12, 2016, the Plaintiff deposited KRW 142,663,710 as depositee D with the Changwon District Court Msan branch on September 12, 2016.

E. The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of the management and disposal 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 transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly notified, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). The defendant, whose use or profit-making has been suspended as a lessee pursuant to the public announcement of the above management and disposal plan, shall leave the building mentioned in

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