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(영문) 서울서부지방법원 2017.06.21 2016가단259892

건물명도

Text

1. The Defendants shall deliver each real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Mapo-gu Housing Reconstruction Project (hereinafter “instant rearrangement project”).

(2) The head of Mapo-gu Seoul Metropolitan Government announced the project implementation authorization and announcement on August 2013, and made the administrative disposition plan and announcement on June 2016. < Amended by Presidential Decree No. 23788, Jun. 2016>

3) Real estate listed in the separate sheet (hereinafter “instant real estate”)

(4) The Defendants occupy the instant real estate.

[Reasons for Recognition] Defendant B: A without dispute, each entry in Gap evidence 1 through 4, the purport of the whole pleadings / Defendant C: deemed as confession

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 contents thereof in the official report of the relevant local government." The main sentence of Article 49(6) 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." In cases where 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 former owner, superficies, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from such plan (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 2009).