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(영문) 서울서부지방법원 2017.06.07 2016가단25990

건물명도

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annex 2 list;

B. Defendant C shall provide the real estate listed in the Appendix 4 list.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant improvement project”).

(2) On February 25, 2016, the head of Mapo-gu Seoul Metropolitan Government approved the management and disposition plan concerning the instant rearrangement project, and announced it around that time.

3) The Defendants respectively occupy the pertinent real estate owner located within the instant rearrangement project zone as the owner of the pertinent real estate, and the Plaintiff deposited all the compensation determined by the Seoul Special Metropolitan City Land Tribunal’s adjudication of expropriation of each pertinent real estate owned by the Defendants through the procedure of expropriation. [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1 through 6, 9, and 10 (including the provisional number, and the purport of the entire pleadings

B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the details thereof in the official report of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made under paragraph (3), the owner, superficies, leasee, and leasee, 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 relocation under Article 54." When the public announcement of the approval of 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 is made, the use or profit-making of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from it (see Supreme Court en banc Decision 91Da22094, Dec. 22, 19992>