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(영문) 수원지방법원 성남지원 2018.10.05 2017가단226536

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Facts of recognition

- The Seongbuk-gu Mayor designated the Plaintiff as the implementer of the Sung-nam Housing Redevelopment Project (hereinafter referred to as the “instant rearrangement project”), which will be implemented on the 233,366 square meters in Jung-gu Seoul Special Metropolitan City B in Seongbuk-gu, Seongbuk-gu. The Plaintiff was publicly notified.

- The Sungnam City approved the implementation plan of the instant rearrangement project on December 4, 2009 and announced it on the same day, and on February 5, 2016, approved the alteration plan for the implementation of the instant rearrangement project as D public notification of Sungnam-si.

- The Plaintiff established a management and disposal plan for the instant improvement project, and the Sungnam Mayor approved the above management and disposal plan on November 7, 2016 to be publicly notified E in Seongbuk-si.

- The Defendant, as the owner of the real estate indicated in the separate sheet located within the instant rearrangement project zone (hereinafter “instant real estate”), has occupied and used the instant real estate up to the present day.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 5, and Gap evidence Nos. 9 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings is determined pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, if the management and disposal plan is authorized and the public notice thereof is made, the owner of the previous land or building, superficies, leaseer, etc. may not use or profit from the previous land or building until the public notice of relocation is given under Article 54 of the same

(2) The Plaintiff is obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and benefit from the instant land as a concessionaire, barring any special circumstance, inasmuch as the management and disposal plan for the instant rearrangement project by the Plaintiff was approved on November 7, 2016 and announced publicly on November 7, 2016.

The defendant is authorized to implement a project plan for the improvement project of this case.