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(영문) 대전지방법원 2019.01.18 2018가단216534
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in the Appendix 1 List;

B. Defendant C shall set forth in attached Table 1 No. 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that was established by setting the Fdong-gu Daejeon District as a project implementation district.

B. On February 26, 2018, the head of Dong-gu Daejeon Metropolitan City approved the Plaintiff’s management and disposition plan and announced it on the same day.

C. Defendant B is the owner of real estate No. 5 of the attached Table 1 located in the Plaintiff’s project implementation district, and Defendant D is the owner of real estate No. 6 of the attached Table 1 located in the Plaintiff’s project implementation district

Defendant B and D are members of the Plaintiff’s association.

피고 C는 별지1 목록 기재 제5. 부동산 중 별지2 도면 표시 1층 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 ⑤부분 98.67㎡에 대한 세입자로서 이를 점유하고 있고, 피고 E은 피고 D의 아들로서 별지1 목록 기재 제6. 부동산을 점유하고 있다.

[Ground of recognition] The plaintiff, defendant B, and C: Articles 208(3)2, 150(3), and 150(1) (i) of the Civil Procedure Act, and between the plaintiff and defendant D and E: The statements in Gap's Nos. 1, 2, 4-7, 6, 7-13, and 16 of the Civil Procedure Act, and the purport of the whole pleadings

2. As to the plaintiff's cause of claim

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly announced, the right holder, such as the owner of the previous land or structure, shall not use the previous land or structure or profit therefrom by the date of public announcement of relocation under Article 86 of the same Act, and the project implementer shall be able

When a management and disposal plan prescribed in the Urban Improvement Act is authorized and publicly announced, the use and profit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings, shall be suspended, and the project implementer may use and profit from it (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010

On February 26, 2018, the fact that the management and disposal plan of the plaintiff was authorized and publicly announced is earlier.

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