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(영문) 서울남부지방법원 2017.01.24 2016가단228462

건물명도

Text

1. The Plaintiff:

A. Defendant B shall record the same title as 98.41 square meters of the ground floor among the real estate listed in paragraph (1) of the attached Table of Real Estate List.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project partnership established around the time after obtaining authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government on April 27, 2010 for the establishment of an association on April 27, 2010 in order to remove inferior buildings in Yeongdeungpo-gu Seoul Metropolitan Government I and build apartment houses and ancillary welfare facilities.

B. The Plaintiff obtained project implementation authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and on March 2, 2012, the project implementation authorization was publicly announced in the Official Gazette

After that, the plaintiff received the approval of the management and disposal plan, and on March 24, 2016, the management and disposal plan was also publicly notified in the official bulletin.

C. The Defendants leased and occupy each of the relevant building parts listed in paragraph (1) of this Article.

[Ground of recognition] B, C, and F: Article 150(3) and (1) of the Civil Procedure Act between the Plaintiff and the remaining Defendants: Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2, and the purport of the whole pleadings

2. Article 48-2(1) of the Urban Improvement Act provides that a project implementer shall remove existing structures after obtaining authorization of a management and disposal plan under Article 48(1); Article 49(3) and (6) of the Urban Improvement Act provides that the head of a Si/Gun shall, when granting authorization of a management and disposal plan, publicly announce the details thereof in the official gazette of the relevant local government; and when the public announcement is made, a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the public announcement is made under Article 54: Provided, That this shall not apply to a right holder whose project implementer’s consent or compensation for losses under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is not completed.

3. Determination

A. The above facts and facts.