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(영문) 서울중앙지방법원 2017.05.23 2016가단104546

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule;

(b) real estate listed in the Schedule;

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established to implement a housing reconstruction project of Gangnam-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and obtained authorization for establishing the association on August 9, 2013 from the head of Gangnam-gu Seoul Metropolitan Government and authorization for implementing the project on June 20, 2014, respectively.

B. On January 6, 2016, the head of Gangnam-gu Seoul Metropolitan Government Office approved the management and disposal plan formulated by the Plaintiff for the said housing reconstruction project and publicly notified the details thereof, and accordingly, the Plaintiff announced the relocation period by the end of May 10, 2016.

C. Buildings listed in the attached list (hereinafter “instant building”) are located within the housing reconstruction project implementation zone according to the above management disposal plan. On July 19, 2007, the Defendant leased the instant building as KRW 150,000,000, rent of KRW 1500,000 from C and D, and on May 2, 2007, the Seoul Central District Court registered the said building as Seoul Central District Court’s receipt of KRW 35624 on May 2, 2007, and completed the registration of the establishment of chonsegwon.

On October 27, 2016, the Plaintiff deposited KRW 150,000,00 for the Defendant pursuant to Article 44 of the Urban Improvement Act, and the Defendant received the deposit on November 22, 2016.

[Ground of recognition] Facts without dispute, entries in Gap's evidence 1 to 9 and the purport of the whole pleadings

2. Determination

A. (1) According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, where a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, person holding a right to lease, lease, etc. of the previous land or structure, may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas, and the project implementer

On January 6, 2016, the head of Gangnam-gu Seoul Metropolitan Government shall return to the instant case, and the Plaintiff.