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(영문) 서울남부지방법원 2017.07.18 2016가단265874
건물명도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on January 8, 2010 to implement a redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using the size of 73,607 square meters in Seoul Yeongdeungpo-gu, Seoul as a project implementation district.

B. The Plaintiff received project implementation authorization on August 30, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government Office approved and publicly notified the instant improvement project on October 29, 2015.

C. Each real estate listed in the separate sheet is located within the execution zone of the rearrangement project in this case. Defendant B is each lessee of the real estate listed in paragraph (1) of the separate sheet (hereinafter “instant one real estate”) and Defendant C is each lessee of the real estate listed in paragraph (2) of the separate sheet (hereinafter “instant two real estate”); Defendant D occupies the pertinent real estate as the owner of the real estate listed in paragraph (3) of the separate sheet (hereinafter “instant three real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination

A. When a management and disposition plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan.

According to the above facts, the management and disposal plan of the instant rearrangement project is publicly announced, the use and profit-making of the pertinent real estate among each of the instant real estate by the Defendants is suspended, and the Plaintiff acquires the right to use and profit-making as the project implementer. Accordingly, Defendant B, Defendant C, and Defendant D are obligated to deliver the instant real estate to the Plaintiff, Defendant C, and the instant three real estate.

B. The defendant did not receive the plaintiff's objection against the defendant D's defense.

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