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(영문) 서울북부지방법원 2016.03.09 2015가합22858

건물명도

Text

1. The Plaintiff, Defendant B, and Defendant C, listed in attached Table No. 1, and Defendant C, listed in attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the implementation area of 43,329 square meters in Dongdaemun-gu Seoul Metropolitan Government D.

B. The Plaintiff was authorized to establish an association on September 18, 2008 by the head of Dongdaemun-gu Seoul Metropolitan Government; the authorization to implement the project on September 5, 2013; and the authorization to implement the management and disposal plan on November 13, 2014; and the head of Dongdaemun-gu Seoul Metropolitan Government announced the above management and disposal plan on November 13, 2014.

C. All real estate listed in the separate sheet are located within the implementation zone of the instant rearrangement project, and Defendant B owns the real estate listed in the separate sheet No. 1, and Defendant C owns the real estate listed in the separate sheet No. 2, respectively.

The Defendants were members of the Plaintiff, but did not file an application for parcelling-out, and possessed each of the above real estate as of the closing date of the pleadings in this case.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C: evidence Nos. 1 through 3, evidence Nos. 4-6, and evidence Nos. 5 through 7, and the purport of the whole pleadings and arguments by the judgment based on deemed confessions (Article 208(3)2 of the Civil Procedure Act);

2. When a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the cause of the claim is publicly notified, the use and profit of the right holder, such as the owner, superficies, lessee, etc. for the previous land or buildings shall be suspended, and the project implementer shall be allowed to use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). As to the instant case, the health unit and the head of Dongdaemun-gu Seoul Metropolitan Government publicly notified the management and disposal plan concerning the instant rearrangement project on November 13, 2014, the Defendants, the owners of real estate located within the zone where the rearrangement project in this case was implemented, are the same.