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(영문) 서울남부지방법원 2017.09.28 2016가단246385
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. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) that sets the whole project district, including the land in Yangcheon-gu Seoul Metropolitan Government, as a project implementation district.

B. With respect to the instant rearrangement project, the head of Yangcheon-gu Seoul Metropolitan Government announced and announced the implementation of the project on May 31, 2010, and around July 2016, the management and disposal plan and announcement was made.

C. The Defendant is the owner of the building indicated in the attached list within the project zone of the instant rearrangement project (hereinafter “instant building”).

On June 29, 2015, the Plaintiff publicly notified the receipt of application for parcelling-out for the instant rearrangement project and notified the members of the same day of the notification for the application for parcelling-out including proportional rates, outlined charges, etc., and followed the procedures for the application for parcelling-out, and the Defendant acquired the Plaintiff’s membership by applying for parcelling-out to the Plaintiff in the procedure for

[Grounds for recognition] The items of evidence Nos. 1, 2, 4, and 5, the whole purport of the pleading

2. According to the provisions of Article 49(6) of the Act on the Determination of Grounds for Claims, where a management and disposal plan is authorized and the notice thereof is made, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings, may not use or profit from the previous land or buildings until the date of the public announcement of the relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the project implementer may use or profit from the former land or buildings. According to the above facts of recognition, the defendant, who is the real estate owner within the project area of the instant rearrangement project, is obligated

3. Judgment on the defendant's assertion

A. Defendant 1) The summary of the Defendant’s assertion that the Defendant is subject to cash settlement is applied for the application for parcelling-out.

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