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(영문) 서울동부지방법원 2015.02.05 2014가단36093

건물명도

Text

1. The Plaintiff:

A. Defendant B shall have the two floors of the real estate listed in the Schedule No. 2:

B. The defendant C shall be listed in the annexed Table 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is implementing a redevelopment improvement project in Seongdong-gu Seoul, Seongdong-gu, Seoul. Defendant B leased and possessed the entire two floors of real estate listed in the attached Table 2. Defendant C is a person who leases and occupies the part (A) of the ship connected with each point in the attached Table 10 Map No. 1, 2, 3, 4, and 1 in sequence among the one floors of real estate listed in the attached Table No. 5, and Defendant D is a person who leases and occupies the whole first floor and branch floors of real estate listed in the attached Table No. 14.

B. The Plaintiff obtained authorization for the establishment of a management and disposition plan on October 9, 2009 and received authorization for the implementation of the project on December 21, 201, and completed the period for application for parcelling-out on May 9, 2012, and on February 27, 2014, the management and disposition plan was publicly announced after obtaining authorization for the management and disposition plan from the head of Seongdong-gu, the head of the observation headquarters

[Ground of Recognition] In the absence of dispute against Defendant B: Each entry in Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings, as to Defendant C and D: deemed confession under Article 150 of each Civil Procedure Act

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan is publicly announced pursuant to Article 49(3) of the same Act, the owner, superficies, leasee, right holder, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54: Provided, That the same shall not apply to the right holder whose consent is obtained from the project implementer or the compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed. (2) According to the above facts and relevant statutes, the Defendants, the occupants of real estate located within the area subject to management

B. Defendant B’s assertion and determination thereof