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(영문) 서울서부지방법원 2016.12.21 2016가단230150
건물명도
Text

1. The Plaintiff:

A. Defendant B received KRW 60,000,000 from the Plaintiff and simultaneously entered in the attached Table 4.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Metropolitan Government D's reconstruction project (hereinafter referred to as the "instant rearrangement project").

(2) The head of Mapo-gu Seoul Metropolitan Government announced the project implementation authorization and announcement on August 2013, and made the administrative disposition plan and announcement on June 2016.

3) Each real estate listed in the separate sheet is located within the project zone of the instant rearrangement project. (4) Defendant B leased the real estate listed in the separate sheet No. 4 from E and F from Apr. 21, 2015 to KRW 60 million for lease on a deposit basis (up to April 21, 2017) and thereafter occupies it until the date the registration of lease on a deposit basis was completed as of April 22, 2015.

5) Defendant C leased and possessed the real estate listed in the Attachment 5 List from E and F until now. [Defendant B: The fact that there is no dispute, each entry in the evidence of Nos. 1 through 6, the purport of the whole pleadings, and the purport of the whole pleadings / Defendant C: deemed as confession.

B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made pursuant to paragraph (3), the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54." Thus, in light of the above provisions, barring any special circumstances, the facts of recognition mentioned above shall be seen as follows: the Plaintiff, the implementer of the instant improvement project; Defendant B, the real estate listed in the attached Table 4;

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