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(영문) 서울서부지방법원 2018.11.29 2018가단205912

건물명도(인도)

Text

1. The lawsuit between the Plaintiff and the Defendant E was concluded on November 24, 2018 due to the final and conclusive decision of recommending reconciliation on November 1, 2018.

Reasons

1. The fact that this court’s claim against Defendant E was served on the Plaintiff on November 9, 2018 and Defendant E on November 6, 2018, respectively, and that the Plaintiff and Defendant E were served on the Plaintiff on November 9, 2018, and that the Plaintiff and Defendant E did not file an objection within two weeks, is apparent in the record.

Therefore, the lawsuit between the plaintiff and the defendant E was terminated on November 24, 2018 as the decision of recommending reconciliation became final and conclusive.

2. Claim against Defendant B, C, and G

A. 1) Determination as to the cause of the claim does not conflict between the parties, or according to the respective descriptions of Gap 1 through 7 and the purport of the entire pleadings, the plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing the Housing Redevelopment Improvement Project whose business area covers H class

(2) Article 81(1) main sentence of Article 81(1) of the Urban Improvement Act (amended by Act No. 14567 of Feb. 8, 2017), which was wholly amended on February 8, 2017, is enforced after one year from the date of its promulgation (Article 1 of the Addenda), and Article 25 of the former Urban Improvement Act (amended by Act No. 14567 of Feb. 8, 2017) is not Article 49 of the former Urban Improvement Act, but Article 81 of the former Urban Improvement Act (amended by Act No. 14567 of Feb. 8, 2017).

According to the above, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 86 of the same Act, and the project implementer shall do so.