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(영문) 서울북부지방법원 2015.11.25 2015가단118271

건물명도

Text

1. The Plaintiff:

A. Defendant B indicated in the separate sheet (1) No. 1, 2, 3, 4, 1 among the 1st floor of the building listed in the separate sheet (1).

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment development and rearrangement project association established to implement a housing redevelopment and rearrangement project with the area of 80,145 square meters in Seongbuk-gu Seoul Metropolitan Government D D, and the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on July 30, 2008, the authorization for the establishment of the association on February 13, 2015, the authorization for the establishment of the association on July 21, 2009, the authorization for the implementation of the project on February 25, 2015, and the authorization for the implementation of the project on February 24, 2015, and the management and disposal plan was approved 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”). The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on February 2

B. Defendant B is a lessee who respectively leases and uses the section 1, 2, 3, 4, and 1 on the ship (A) section 6.6m2 of the annex No. 1 drawings among the 1st floor of the building indicated in the annex No. 1 drawings from E; Defendant C is a lessee who occupies and uses the section 25.32m2 on the ship which connects the section 1, 2, 3, 4, and 1 of the annex No. 2 drawings among the 1st floor of the building listed in the annex No. 1 drawings from E. 2.

[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 announced, a 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 public announcement of transfer under Article 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act), and according to the above facts of recognition, the Defendants occupy each of the above real estate located within the project implementation district, and thus, they are obligated to deliver each of the

B. The Defendants’ assertion against the Defendants may not respond to the Plaintiff’s claim until receiving the lawful compensation from the Plaintiff. However, Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and compensation for land, etc. for public works.