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(영문) 서울동부지방법원 2016.11.22 2016가단107326

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization to establish an association from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) on February 6, 2009 for the purpose of implementing the housing redevelopment improvement project for Songpa-gu and E (hereinafter “instant improvement project”).

B. After that, the Plaintiff received the authorization to implement the project on August 12, 2013 from the head of Songpa-gu and the authorization to implement the project on April 27, 2015, respectively, and the head of Songpa-gu publicly notified the approval to implement the project on April 30, 2015.

C. Each building listed in the separate sheet is located within the instant rearrangement project zone, and Defendant B is the owner of each building listed in the separate sheet No. 1, and Defendant C is the Plaintiff’s member as the owner of each building listed in the separate sheet No. 2.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, the head of Songpa-gu publicly announced an administrative disposition plan on April 30, 2015, and when the management and disposal plan was authorized and publicly announced pursuant to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”), the right holder, such as the owner, superficies, lessee, 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 transfer under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Defendants are obligated to deliver each building on the attached list owned by themselves to the Plaintiff, the implementer of the instant improvement project, except under special circumstances.

B. As to the Defendants’ assertion, the Plaintiff’s assertion by the Defendants is subject to a management and disposition plan pursuant to Article 44 of the articles of association of an association under Article 20(1)15 of the former Urban Improvement Act, a resolution of the General Assembly of Cooperatives, and a construction contract agreement.