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(영문) 서울남부지방법원 2017.03.07 2016가단232324

건물명도

Text

1. The Plaintiff:

A. Defendant B shall display 3, 4, 7, 8, and 3 of the attached Form 1 among the first real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association approved by the head of Yeongdeungpo-gu Seoul Metropolitan Government on April 27, 2010 in order to remove worn-out and inferior structures, etc. in Yeongdeungpo-gu Seoul Metropolitan Government I and reconstruct multi-family housing and ancillary welfare facilities.

B. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) to implement the housing reconstruction improvement project from the head of Yeongdeungpo-gu Seoul Metropolitan Government and 271 lots (hereinafter “instant rearrangement zone”), and received the approval of the management and disposal plan on March 22, 2016, and publicly notified on March 24, 20

C. The Defendants leased and possessed each corresponding part of the real estate stated in the separate sheet in the attached sheet located in the Plaintiff’s improvement zone.

[Ground of recognition] between the Plaintiff, Defendant B, and C: Article 150(3) and (1) of the Civil Procedure Act; Article 150(3) of the said Act and the remainder of the Defendants: The facts of no dispute; the entries in the evidence A1 through 3

2. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a public notice of approval of a management and disposal plan is given in an urban rearrangement project, a right holder, such as the owner, lessee, etc. of the previous land or structure, may not use or profit from the land or structure, and the project implementer may use or profit from the land or structure. According to the above facts of recognition, the Defendants are obligated to deliver each of the corresponding parts

3. Determination as to Defendant D, E, F, G, and H’s assertion

A. (1) Unlike redevelopment projects, the main text of Article 38 and Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Defendants’ assertion on the unconstitutionality of relevant laws and regulations permits a project implementer to accept a right of lease without actual compensation, thereby violating Article 23(1) and (3) of the Constitution on the Guarantee of Property Rights.

(b).