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(영문) 서울중앙지방법원 2013.12.13 2013가단154595
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is an association established to implement an urban environment rearrangement project district in Jongno-gu, Jongno-gu, Seoul (hereinafter “instant project”). The Plaintiff obtained authorization for the establishment of a project on December 6, 2006, authorization for the establishment of a project on July 20, 2009, authorization for the establishment of an association on June 8, 2010, and authorization for the change of the establishment of an association on September 14, 2010, respectively.

B. On April 4, 2012, the Plaintiff obtained the authorization of the management and disposal plan, and the head of Jongno-gu publicly announced the above management and disposal plan on April 6, 2012.

C. The Defendant, as the owner of the building indicated in the attached list (hereinafter “instant building”), occupies and uses the instant building.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 6 (including a Ga number)

2. Determination:

A. According to the relevant legal principles and Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), where a management and disposal plan is authorized and its announcement is made, the right holder such as the owner of the previous land or structure, etc. can not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Provided, That the same shall not apply to the right holder whose compensation is not completed under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor), and the Plaintiff, a project implementer, can use or benefit from the building that the Defendant occupied and used from

B. Examining the following facts and circumstances acknowledged by the statements in Gap evidence Nos. 7 through 10 in light of the above legal principles, the defendant is obligated to deliver the building of this case to the plaintiff, barring any special circumstances.

The defendant of this case.

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