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(영문) 서울남부지방법원 2017.01.19 2016가단208031
건물명도
Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government KK as a project implementation district, and was authorized to implement the project on December 21, 2009 by the head of Yangcheon-gu Seoul Metropolitan Government. On December 10, 2015, the Plaintiff received an approval for the implementation of the project under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). At that time, the Plaintiff

B. The Defendants occupy each corresponding part of the text within the implementation zone of the rearrangement project.

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

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the Plaintiff claims against the Defendants the name of the building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the approval of the management and disposal plan is publicly announced in relation to the urban rearrangement project, the owner of the previous land or building and the right holder such as the lessee cannot use or profit from the land or building, and the project implementer can use or benefit from the land or building. According to the above facts of recognition, the Defendants are obligated to deliver

3. Examining the assertion by Defendant B, D, E, G, H, I, and J, that the Defendants could not respond to the Plaintiff’s claim until receiving the compensation for losses as prescribed in Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for the following reasons: (a) considering the overall purport of the arguments in the evidence Nos. 5, evidence Nos. 6-1, 2, 3, 6, 7, 9, and evidence No. 7-6, 10, 12, 14, 17, and evidence Nos. 8, the Plaintiff is recognized as having deposited the said Defendants as the principal deposit and completed the compensation for losses under the Act on the Maintenance of Urban Areas and Dwelling Conditions, so the above Defendants’ assertion is without merit.

4. The defendant's assertion regarding the defendant G shall deliver the corresponding part of the real estate to the plaintiff until the moving expenses are paid.

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