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(영문) 서울북부지방법원 2015.11.25 2015가단124436

건물명도

Text

1. The Defendant shall deliver to the Plaintiff the second floor of 123.74 square meters among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project association established to implement a housing redevelopment project with the area of 80,145 square meters in Seongbuk-gu Seoul Metropolitan Government, and obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on July 30, 2008; authorization for the establishment of the association on February 13, 2015; authorization for the establishment of the association on July 21, 2009; authorization for the implementation of the project on February 25, 2015; and authorization for the implementation of the project on February 24, 2015; and obtained authorization for the management and disposal plan pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on February 26, 2015.

B. The Defendant is a lessee who occupies and uses the two-story 123.74 square meters from among the buildings listed in the attached list within the said project implementation district from D.

[Grounds for recognition] The fact that there has been no dispute, each entry of Gap's No. 1 and 6 (including virtual numbers), and the purport of the whole pleading

2. The assertion and judgment

A. When the determination of the management and disposal plan regarding the cause of the claim is publicly notified, the right holder such as the owner, superficies, leaseer, etc. of the previous land or building cannot use or profit from the previous land or building until the date of the public announcement of transfer under Article 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts, the defendant occupies the above real estate located within the project implementation district, and thus, the defendant is obligated to deliver the above real estate

B. The defendant's assertion is argued to the effect that the plaintiff cannot respond to the plaintiff's claim until he is paid a reasonable compensation from the plaintiff. However, as provided by Article 49 (6) of the Urban Improvement Act, Article 77 (1) and (4) of the Act on the Compensation for Land, etc. for Public Works Projects, and Article 45 (1) and (2) of the Enforcement Rule of the same Act, the defendant obtained a business license from the public official approval date prior to