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(영문) 의정부지방법원 2018.11.21 2018가합51768
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet No. 2 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Each claim against the defendant B and C

(a)the description of the reasons for the claim is as shown in Appendix 1;

(b) Confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Each claim against Defendant D, E, F, G, and H

A. Basic facts 1) The Namyang-si Mayor shall be the project implementation district of this case 39,145 square meters (hereinafter “instant project implementation district”) in Namyang-si, Namyang-si.

(2) On December 29, 201, the Plaintiff is a housing reconstruction and rearrangement project partnership that has obtained an authorization to establish the project district of this case from the Namyang-ju mayor to implement the housing reconstruction and rearrangement project as a project site. The Defendants are lessees who leased and occupy each relevant real estate (hereinafter “each of the instant real estate”) located within the project district of this case as indicated in the attached Table 2 list.

3) The Plaintiff received authorization to implement the project on December 14, 2016 from the Namyang-ju market, and received the authorization to implement the project on September 25, 2017, and was publicly notified of the authorization to implement the project on the same day. [Grounds for recognition] The Plaintiff did not dispute any dispute, Gap evidence Nos. 1 through 6 (each statement, including each number, the purport of the whole pleadings and arguments).

B. Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) to determine the cause of claim

Article 49(6) 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 benefit from the previous land or building until the date the transfer is publicly notified pursuant to Article 54.” Thus, when the authorization of a management and disposition plan is publicly notified, the use or benefit 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 previous land or building (see Supreme Court Decision 201Da10

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