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(영문) 서울서부지방법원 2015.10.30 2015가단21441

건물인도

Text

1. The Defendant points out each of the real estate listed in the separate sheet No. 1, 1, 2, 3, 4, and 1, as shown in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments for which the head of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Yongsan-gu”) has obtained authorization to establish a housing redevelopment project with respect to a housing redevelopment district of 10,030 square meters in Yongsan-gu

B. On February 11, 2014, the Plaintiff obtained a management and disposal plan for a housing redevelopment project A from the head of Yongsan-gu office, and on February 12, 2014, the above management and disposal plan was publicly notified.

C. The Defendant, as the householder, is the lessee of the real estate indicated in the separate sheet located within the Plaintiff’s improvement project zone (hereinafter “instant real estate”), is occupying and using the said real estate as its householder D and ASEAN as of the date of closing argument in the instant case.

On the other hand, F, the owner of the above real estate, is a member of the Plaintiff Union.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings]

2. Where the approval of a management and disposal plan is publicly announced under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the owner, lessee, 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 of the same Act (Article 49(6) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), as seen earlier, the Plaintiff was authorized by the head of Yongsan-gu on February 11, 2014 and the above management and disposal plan was publicly announced on February 12, 2014 (the subsequent plaintiff was approved by the head of Yongsan-gu, the number of households (19 households), the number of households to be supplied on October 23, 2014 (199 households), the number of households to be supplied by housing scale, and the public announcement of the above management and disposal plan was made on September 14, 2015 (Amended).