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(영문) 서울중앙지방법원 2018.11.29 2018가단5107803

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Determination on the cause of the claim

A. The plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), which was approved by the head of Gangnam-gu Seoul on October 14, 2003, in order to remove the previous multi-unit housing, etc. on the ground of the project area with the area of 399,741.7m2, such as Gangnam-gu Seoul Metropolitan Government D and remove the previous multi-unit housing, etc. on the ground, and reconstructs the apartment housing and ancillary welfare facilities on that ground (hereinafter "the project in this case

(2) Defendant B is the lessee of the real estate in the instant project zone, and the Defendant C occupies and uses each of the pertinent real estate as the lessee of the real estate in the attached Table No. 2 of the attached Table No. 2 (hereinafter “each of the above real estate”).

(3) The Plaintiff obtained authorization from the head of Gangnam-gu Office to implement the instant project on April 28, 2016 from the Plaintiff’s project implementer; (1) the Plaintiff’s project implementer was authorized to implement the project; and (2) the authorization for the management and disposal plan was received on April 6, 2018; and (3) the head of Gangnam-gu publicly announced the authorization for the management and disposal plan on April

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 6-2, 3, and 7-2, and 7-3, and the purport of the whole pleadings

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of the Defendants provides that “Any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4), if the public announcement of the approval of the management and disposal plan is made under Article 86, the former land or building shall not be used or benefit from the land or building until the date of the public announcement of the transfer under Article 86.” In the event the public announcement of the approval of the management and disposal plan is made, the use or benefit of the right holder, such as the owner