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(영문) 서울중앙지방법원 2016.01.08 2015가합18096

부동산명도 등

Text

1. The Plaintiff:

A. Defendant B shall indicate 1, b, c, d, and Ga of the ground floor of the building listed in the attached list.

Reasons

1. Facts of recognition;

A. In order to promote a multi-family housing reconstruction project with a size of 49,062 square meters in Dongjak-gu Seoul Metropolitan Government D, the Plaintiff obtained authorization for the implementation of the housing reconstruction project from the head of Dongjak-gu pursuant to Article 28(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Plaintiff established a management and disposal plan on May 14, 2015, and received an approval for the management and disposal plan from the head of Dongjak-gu Seoul Metropolitan Government, and the head of Dongjak-gu publicly notified the approval plan

C. On November 13, 2007, Defendant B is the owner of the building indicated in the separate sheet located in the Plaintiff’s business area, and Defendant B is the owner of the building indicated in the separate sheet, which connects each point of Annex A, B, C, D, and A among the parts on the branch floor of the building indicated in the separate sheet, and Defendant C is the leased and resident on February 10, 2013, which connects each point of Annex B, B, C, D, and A among the parts on the second floor of the building listed in the separate sheet.

The plaintiff seeks ownership transfer registration and delivery against E by exercising the right to claim sale of the building and its site listed in the attached list to E who is not a member, and the plaintiff is proceeding to dispute the scope of the purchase price equivalent to the market price.

[Ground of recognition] Evidence Nos. 1, 2-5, 6, 3-1, 2, 4, 5-1, 2, 6-1, 10, 6 through 10, Ga2-6, Ga2-2 through 6, and 2-6, and the purport of the whole pleadings

2. When the approval of a management and disposal plan prescribed in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of the Defendants is publicly announced, the use and profit-making of the rights-holder, such as the owner and lessee of the previous land or building, shall be suspended pursuant to the main sentence of Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the plan (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore