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(영문) 서울서부지방법원 2017.01.11 2016가단225387

건물명도

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 3;

B. Defendant C is the non-party E from the Plaintiff 25,000.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Metropolitan Government Housing Reconstruction Project (hereinafter “instant rearrangement project”).

(2) The head of Mapo-gu Seoul Metropolitan Government announced the project implementation authorization and announcement on August 2013, and made the administrative disposition plan and announcement on June 2016. < Amended by Presidential Decree No. 23788, Jun. 2016>

3) Each real estate listed in the separate sheet is located within the project zone of the instant rearrangement project. 4) Defendant B occupies the real estate listed in the separate sheet No. 3, and Defendant D occupies the real estate listed in the separate sheet No. 5.

5) On April 5, 2014, E (Defendant C’s own shares) leased real estate listed in Appendix 4 from G from April 5, 2014 to KRW 25 million, and Defendant C has occupied real estate listed in Appendix 4 up to the present day. [In the absence of any dispute, Defendant C does not have any dispute, Party A’s evidence Nos. 1 through 4, Party B’s evidence No. 1, and Party B, Defendant B, and Party D’s assertion of confession

B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made pursuant to paragraph (3), the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54." Thus, in light of the above provisions of the Act, barring any special circumstances, the facts of recognition mentioned above shall be seen as follows: the Plaintiff who is the implementer of the instant improvement project; the Defendant B, the real estate listed in the attached Table 3 list; the real estate listed in