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(영문) 서울중앙지방법원 2016.05.12 2015가단5299190
건물명도
Text

1. Defendant C shall order the Plaintiff to clarify the real estate listed in the attached Table 3 list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project by making the Seoul Special Metropolitan City D Japan 80,836.0 square meters as a project implementation district.

B. On November 12, 2009, the Plaintiff obtained authorization for the implementation of a housing redevelopment project from the head of Gwanak-gu in Seoul Special Metropolitan City, and obtained approval for a management and disposal plan on February 17, 2015 pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Administration Act”), and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the above management and disposal plan pursuant to Article 49(3) of

C. B is an owner of the real estate listed in the attached Table 3 list located in the said project implementation district and possessed by Defendant C, a de facto spouse, after the death of September 27, 2015.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Gap 4-3 evidence, Gap 5 and 6 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 49(6) of the Urban Improvement Act provides that “When a management disposal plan is authorized and such public notice has been given, a right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the public notice of relocation has been given in accordance with Article 54.”

According to the above provisions, when the management and disposal plan of a project implementer is publicly announced after obtaining authorization, the right holder of the previous land or structure shall lose his/her right to use or profit from the previous land or structure, and the project implementer shall be deemed to remove the existing structure or acquire the right to dispose of or use it by other methods to implement the rearrangement project. Therefore, the project implementer may seek a transfer of the relevant land or structure against the right holder of the previous land or structure based on such right to dispose of.

B. According to the above facts of recognition, we examine the above facts.

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