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(영문) 서울남부지방법원 2017.01.26 2016가단239318
건물명도
Text

1. The Plaintiff:

A. Defendant B is a building listed in the attached sheet

B. Defendant C shall be attached to the first floor of the building listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the size of 52,716 square meters in Yeongdeungpo-gu Seoul Metropolitan Government E-gi as a project implementation district, after obtaining authorization for the implementation of the project on October 18, 2012 from the head of Yeongdeungpo-gu Seoul Metropolitan Government. Upon obtaining authorization for the implementation of the project on November 17, 2014, the Plaintiff received approval for the implementation of the project under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on January 15, 2016. The Plaintiff announced the approval for the implementation of the project on January 2

B. The Defendants occupy each corresponding part of the text within the implementation zone of the rearrangement project.

[Ground for Recognition: Unsatisfy, Entry of Evidence A 1 to Gap 9, Purport of whole pleadings]

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the Plaintiff claims against the Defendants the name of the building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the approval of the management and disposal plan is publicly announced in relation to the urban rearrangement project, the owner of the previous land or building and the right holder such as the lessee cannot use or profit from the land or building, and the project implementer can use or benefit from the land or building. According to the above facts of recognition, the Defendants are obligated to deliver

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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