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(영문) 서울북부지방법원 2017.10.24 2016가단13434
건물명도
Text

1. The Plaintiff:

A. Defendant B marks 1, 2, 3, 4, and 1 of the attached Form 2 drawings among the two real estate floors listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization consisting of owners of land, etc. conducting an urban environment improvement project by setting the Dongdaemun-gu Seoul Metropolitan Government E Group 43281m2 as a project implementation district.

B. On September 11, 2014, the head of Dongdaemun-gu Seoul Metropolitan Government approved the implementation of the project on the Plaintiff, and approved the management and disposal plan on November 26, 2015, and publicly notified it on the same day.

C. Defendant B, among the real estate 2 floors listed in the separate sheet Nos. 1, 2, 3, 4, and 1 of the attached Table Nos. 2 among the real estate 2 floors, connects each point of (a) the part of (a) part of the attached Table Nos. 116.93 square meters and the three floors of the real estate listed in the attached Table Nos. 1, 9, 10, 11, 12, and 9 with each point of (c) part of (a) and 73.6 square meters in sequence among the three floors of the real estate listed in the attached Table No. 1 list No. 1 (hereinafter “instant one real estate”). Defendant C, among the three floors of the real estate listed in the attached Table Nos. 1, connect each point of (d) part of the attached Table Nos. 215.65 square meters in succession (hereinafter “instant two real estate”), Defendant D occupied each of the two floors indicated in the attached Table No. 1 list No. 2,5,667,8, and each of the real estate No. 6.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. If a management and disposal plan is authorized and publicly notified pursuant to Article 49(6) and (3) of the Act on the Determination of the Grounds for Claims, the former owner, lessee, etc. shall be suspended from using and earning profit from the subject matter, and the project implementer shall be able to take over the subject matter and use and gain profit from the subject matter to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above facts of recognition, the Defendants are obligated to deliver the subject matter to the Plaintiff, which corresponds to each of their own possession.

B. The above Defendants’ assertion as to Defendant C and D are determined by the Land Tribunal.

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