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(영문) 서울북부지방법원 2016.09.06 2015가단46840

건물명도등

Text

1. The defendant is among the real estate listed in the attached list to the plaintiff.

(a) in sequence 1, 2, 3, 4, and 1 of the Appendix No. 1.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiff is an organization consisting of owners of land, etc., who are project implementers, with the aim of promoting an urban environment improvement project that constructs buildings, such as housing, on the ground as a rearrangement project zone of Dongdaemun-gu Seoul Metropolitan Government, which includes the site for real estate indicated in the attached Table, including the site for real estate indicated in the attached Table.

(2) The Defendant, among the real estate listed in the attached list owned by D, has occupied as a lessee of the portion 3.30 square meters in the ship (1), which connects each point of (2) section 91 square meters in the ship, among the real estate listed in the attached list owned by D, and of (3) section 3.30 square meters in the ship, which connects each point of (2) section 91 square meters in the attached drawings, (3) section 91 square meters in the ship, (4) section 3.30 square meters in the attached drawings, and section 3.30 square meters in the ship, which connects each point of (2) section 91 square meters in the attached drawings, (2), (3), (3), (3), (4), and (a).

(3) The Plaintiff was authorized to implement a project on September 2014 by the head of Dongdaemun-gu, and was authorized to implement a management and disposal plan on November 26, 2015, and was publicly notified on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. According to Article 49(6) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly announced, the use and profit-making by the previous owner, lessee, etc. of the subject matter shall be suspended, and the project implementer shall be able to take delivery of the subject matter and take profits from the subject matter to start the construction (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above recognition, the Defendant is obligated to deliver the part of possession

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant cannot respond to the plaintiff's claim before receiving liquidation money or compensation for loss for the occupied portion of this case.

B. First of all, whether the defendant is a person subject to cash settlement.