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(영문) 서울북부지방법원 2016.12.15 2016가단123768

건물명도

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Appendix 1.1;

B. Defendant C shall provide the real estate listed in Appendix 2.

Reasons

Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 7, the plaintiff is a housing reconstruction and improvement project association that has obtained authorization for the establishment of the association from the head of Nowon-gu in Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), which is a business district for the Nowon-gu in Seoul Special Metropolitan City as of August 8, 2008, and has obtained authorization for the establishment of the association from the head of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu. The management and disposal plan was approved on August 19, 201, and the management and disposal plan was approved on July 30, 2015, which was announced around that time, and it can be recognized that the defendants occupy each real estate tenant listed in the list in the attached

According to the above facts, Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that when a management and disposal plan is authorized and the notice thereof is made, a right holder such as the owner of the previous land or building, a lessee, etc. shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54. Thus, in this case, the owner of each of the buildings listed in the relevant separate sheet listed in the order of Paragraph (1) and the Defendants, the use or benefit of which has been suspended, are the project implementer, and the Defendants, who have acquired the right to use or benefit from each of

Thus, the plaintiff's claim of this case is justified and accepted.