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(영문) 서울서부지방법원 2017.08.10 2016가단252211

건물명도

Text

1. The defendant received KRW 38,000,000 from the plaintiff and simultaneously received the payment from the plaintiff, the first floor among the buildings listed in the attached Table shall be 42.

Reasons

1. The facts of recognition are: (a) the Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”); (b) the head of Mapo-gu has granted authorization for the implementation of the instant rearrangement project on June 5, 2014; and (c) has given public notice of the approval for the implementation of the management and disposal plan and the public notice thereof on December 5, 2015; and (d) is located within the business zone of the instant rearrangement project; (b) the Defendant leased the instant real estate of KRW 40,000,000 from D, the owner of the instant real estate on around 209; and (c) the fact that there was no dispute between the parties to the instant rearrangement project, or that the lease deposit to be returned remains at KRW 38,00,000,000, the entire pleadings can be acknowledged in full view of the purport of each evidence set forth in the attached Table No. 1 or No.7.

2. When the determination of the cause of the claim and the public notice of approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit of the right holder, such as the owner, lessee, etc. of the previous land or buildings shall be suspended pursuant to the main sentence of Article 49(6) and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, inasmuch as the management and disposal plan regarding the instant rearrangement project aimed at the area including the real estate in this case is authorized

Meanwhile, according to Article 44 (1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, if it is impossible to achieve the purpose of establishing a right of lease by implementing a rearrangement project, the holder