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(영문) 서울북부지방법원 2016.06.03 2015가단137067

건물명도

Text

1. The Plaintiff:

A. Defendant B shall be paid KRW 5 million from the Plaintiff at the same time as the Plaintiff’s payment is set forth in attached Table 1.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on September 4, 2008 (hereinafter “Urban Improvement Act”).

Pursuant to the foregoing, the housing reconstruction project association is authorized by the head of Jung-gu Seoul Metropolitan Government to establish a housing reconstruction project. The Plaintiff obtained authorization from the head of Jung-gu Seoul Metropolitan Government on June 21, 2013 from the head of Jung-gu, Seoul Special Metropolitan City head of the Gu with the implementation area for H Il-gu 68,255.8 square meters. The management and disposal plan was approved on January 22, 2015. On the same day, the management and disposal plan was publicly announced on the same day. (2) The above management and disposal plan was publicly announced on the project implementation area; Defendant B was 46.28 square meters on the first floor of the real estate listed in attached Table 1; Defendant C was 70.50 square meters on the first floor of the real estate listed in attached Table 2; Defendant D was 54.79 square meters on the first floor among the real estate listed in attached Table 3; Defendant F was 59.08 square meters on the ground of the real estate listed in attached Table 4.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 8 (including virtual numbers) and the purport of the whole pleadings

B. According to Article 49(6) of the Act on the Determination of Urban Improvement, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.

According to the above facts of recognition, the Defendants whose use or profit has been suspended as a lessee pursuant to the approval and public notice of the management and disposal plan against the Plaintiff are obligated to deliver the pertinent building possessed by the Defendants to the Plaintiff, the project implementer, unless there are special circumstances.

2. Judgment on the defendants' assertion

A. The Defendants are institutionally called “pre-consultative body” in order to find out the rights of tenants who are not protected by law.