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(영문) 서울서부지방법원 2015.07.22 2015가단5302

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. The plaintiff is the Housing Redevelopment Improvement Project Association approved by the head of Eunpyeong-gu Seoul Metropolitan Government for the purpose of implementing the Housing Redevelopment Improvement Project for the Eunpyeong-gu Seoul Metropolitan Government Housing Group C.

The defendant is the owner who occupies the real estate in the attached list located in the rearrangement project zone.

On November 27, 2014, the head of Eunpyeong-gu Seoul Metropolitan Government Office approved and publicly announced a management and disposal plan for the plaintiff's housing redevelopment improvement project.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, where a management and disposal plan is authorized and the public notice is made, the owner, superficies, leasee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the public notice of relocation is given pursuant to Article 54 of the Act on the Maintenance and Improvement of Urban Areas

Therefore, according to the notice of management and disposition plan, the defendant whose use and profit as owner has been suspended is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use

On the other hand, the defendant asserts that the plaintiff's claim is unfair since the defendant, who is the object of cash settlement, did not have yet to be compensated.

However, there is no evidence to acknowledge the fact that the defendant is a person subject to cash settlement. Rather, according to the evidence Nos. 9 and 10, the defendant can recognize facts that the defendant is not a person subject to cash settlement, and thus, the defendant's assertion that the defendant is a person subject to