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(영문) 서울북부지방법원 2017.04.27 2015가단52104

건물명도등

Text

1. The defendant, among attached real estate indicated in attached Form 1, shall be based on Annex 1, 2, 3, 4, 5, 6, 7, 8, 1.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 8 of the judgment on the cause of the claim, it is recognized that the Plaintiff, a project implementer of a A urban renewal acceleration zone, has obtained authorization for the implementation of the project around September 2014 from the head of Dongdaemun-gu Seoul Metropolitan Government, and obtained authorization for a management and disposal plan around November 2015, and that the management and disposal plan was publicly notified (the Dongdaemun-gu Seoul Metropolitan Government public notice C) on the Haman on November 2015, and that the Defendant currently occupies the part of the building as stipulated in the part

According to the facts of recognition, the defendant whose use or profit-making has been suspended pursuant to the main sentence of Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, barring any special circumstances, has a duty to hand over the above part of the building to the plaintiff who lawfully acquired the right

2. The defendant's assertion argues that the project implementation plan of this case is invalid, and that the plaintiff cannot respond to the plaintiff's claim because there was no legitimate compensation for the goodwill and the transfer of residence.

The submitted evidence alone is insufficient to recognize that the project execution plan of this case is invalid or that the defendant is a right holder to receive compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and there is no other evidence to acknowledge it

The defendant's argument cannot be accepted.

3. citing the Plaintiff’s claim for conclusion