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(영문) 서울서부지방법원 2017.06.13 2016가단26047

건물명도

Text

1. The Plaintiff:

(a) Defendant B shall have the entire underground space of the real estate listed in the Schedule No. 11:

B. Defendant C shall provide attached Form 11.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that implements the Eunpyeong-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. A management and disposition plan regarding the instant rearrangement project was authorized and publicly announced on February 2016.

C. The above Defendants are the owners or lessees of each of the pertinent real estate indicated in the order within the instant rearrangement project zone, and the lessee, Defendant C, E, and G, the owner of the pertinent real estate, and the lessee, Defendant D, and F occupy the lessee.

[Ground for recognition] Defendant B: Confession, the remaining Defendants: without dispute, each entry in Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

A. Judgment on deemed confessions as to Defendant B (Article 208(3)2 of the Civil Procedure Act)

B. According to the above facts of finding the cause of claim 1), the defendant, as the lessee of each building listed in the attached list within the zone where the plaintiff union performed the improvement project pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, was deprived of the right to use and profit from the leased part, and the plaintiff union acquired the right to use and profit from the building for the implementation of the improvement project, barring any special circumstance, the defendants are obligated to deliver each leased and occupied and used part to the plaintiff union, and the defendant F is obligated to deliver the pertinent real estate before receiving compensation for losses, such as relocation expenses. However, there is no evidence to deem that the above defendant falls under the person entitled to compensation under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Act on the Acquisition of Land, etc.

Rather, each of the evidence and Article 10 to Article 10.