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(영문) 서울동부지방법원 2015.04.09 2014가단34219
부동산명도등
Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in paragraph 1 of the attached Table;

B. Defendant D shall set forth in [Attachment List 3.

Reasons

1. Facts of recognition;

A. On January 27, 2015, Songpa-gu approved a management and disposal plan for A Apartment Housing Reconstruction Project pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents at the request of the Plaintiff on December 22, 2014, and publicly notified the content thereof on January 29, 2015, and the main contents thereof are as follows:

1. Project operator: The name of the project subject to the authorization of Plaintiff 2) : The location of the A apartment reconstruction project B: Songpa-gu Seoul Metropolitan Government E-Ma area: 405,782 square meters;

B. As of the date of the closing of the instant argument, Defendant B and C possess 1/2 shares of each of the real estate listed in the separate sheet No. 1, and Defendant D possess the said real estate while possessing the real estate listed in the separate sheet No. 3. The said real estate is located within the site of the said reconstruction improvement project, and the Defendants are the Plaintiff’s members.

[Reasons for Recognition] A. 2-1, 2-3, 14-1, 14-2, the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 49(3) and (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is approved pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and its contents are publicly announced in the official gazette of the local government that approved the plan, the owner of the previous land or structure cannot use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same

As seen earlier, since the management and disposal plan was authorized and publicly announced as seen earlier, the Defendants, the owners, are obligated to deliver each of the real estate stated in the disposition to the Plaintiff, the project implementer.

B. Judgment 1 on the Defendants’ assertion 1) The Defendants are members of the Commercial Building Council inside the Plaintiff (the Defendants are the members of the Commercial Building Council).

Between the division and the independent settlement method concerning commercial areas.

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