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(영문) 서울서부지방법원 2017.05.18 2016가단26023

건물명도

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 4;

B. The defendant Cridge shall be listed in the annexed Table 6.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant C Educational Meeting and D

A. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 14 (including a branch number), the plaintiff is an association that implements a housing redevelopment improvement project for Eunpyeong-gu Seoul E unit under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the management and disposal plan for the instant rearrangement project was authorized and publicly announced February 2016, and the defendants occupy it as the owner of the relevant real estate located in the order located in the instant rearrangement project zone, and the plaintiff can recognize the fact that the plaintiff deposited the compensation money determined by the local Land Tribunal's decision for expropriation of each of the relevant real estate owned by the defendants through the procedures for expropriation of each of the relevant real estate.

B. Determination 1) Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 49 (6) may not use or profit from the previous land or buildings until the date of public announcement of relocation under Article 54, if authorization for and public announcement of the management and disposal plan has been made.

Provided, That this shall not apply where a right holder whose consent is obtained from a project operator or compensation for losses under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

Inasmuch as the Act provides that the Defendants, a real estate owner, lose the right to use and benefit from the real estate due to the authorization and announcement of the management and disposal plan, and the Plaintiff, a project implementer of the instant improvement project, has the right to use and benefit from the real estate.