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(영문) 서울북부지방법원 2019.04.26 2018가단108374

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association that obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on September 4, 2008 to implement a housing redevelopment improvement project with the size of 53,149.50 square meters in Dongdaemun-gu Seoul Metropolitan Government L Day as a project implementation district and completed the registration of incorporation on September 19, 2008.

B. On September 29, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Dongdaemun-gu Seoul Metropolitan Government, and on October 12, 2017, the said approval was publicly notified.

C. The Defendants are the occupants possessing each real estate listed in the separate sheet in the above project implementation district for the reasons, such as leasing the real estate owned by the Defendant for each owner among each real estate listed in the separate sheet.

(hereinafter) The real estate listed in the separate sheet shall be referred to as “the instant real estate” according to the sequence attached to the separate sheet, and each real estate listed in the separate sheet shall be referred to collectively as “each of the instant real estate.” [The grounds for recognition] Defendant B, D, G, I, J, and K: The respective descriptions of the evidence listed in subparagraphs 1 through 4, and the whole purport of the pleadings, and the remaining Defendants: Each confession (Article 150(3) and (1) of the Civil Procedure Act).

2. Determination

A. When a management and disposition plan under Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) is publicly announced, the use and profit of the right holder, such as the owner, superficies, lessee, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings pursuant to the main sentence of Article 49(6) (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010); and the head of Dongdaemun-gu Seoul Metropolitan Government authorized the management and disposition plan for the said rearrangement project on Sept. 29, 2017; and as such, it is publicly notified prior to October 12, 2017.