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(영문) 창원지방법원마산지원 2017.09.27 2017가단103804
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B, among the first floor of the building listed in the attached Table No. 1 of the attached Table No. 1, marks 1, 2, 2, 4, 5.

Reasons

1. Facts of recognition;

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 55,224.6 square meters of the total area of M in Changwon-si, Changwon-si as an improvement zone.

B. On November 25, 2016, the Plaintiff received an administrative disposition plan from the original market on November 25, 2016, and the original market publicly notified the said administrative disposition plan on November 25, 2016.

C. Each building listed in the separate sheet is located in the rearrangement zone. Defendant B is the building listed in paragraph (1) of the attached sheet, Defendant C is the building listed in paragraph (2) of the attached sheet, Defendant D is the building listed in paragraph (3) of the attached sheet, Defendant F is the building listed in paragraph (4) of the attached sheet, Defendant G is the building listed in paragraph (5) of the attached sheet, Defendant H is the building listed in paragraph (6) of the attached sheet, Defendant H is the building listed in paragraph (7) of the attached sheet, Defendant J is the building listed in paragraph (8) of the attached sheet, Defendant K is the building listed in paragraph (9) of the attached sheet, Defendant L is the owner of the building listed in paragraph (10) of the attached sheet, and the member who completed the application for parcelling-out

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 through 9 (including virtual numbers) and the purport of the whole pleadings

2. As to the cause of the claim

A. The main text 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 transfer under Article 54.” Thus, when the approval of a management and disposition 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 benefit from the former land or building.”

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