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(영문) 서울동부지방법원 2015.06.09 2014가단35496
부동산명도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff received the authorization from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 for the establishment of a housing reconstruction project with a view to implementing a housing reconstruction project with respect to 150 buildings on a site of 405,782.40 square meters outside Songpa-gu Seoul, Songpa-gu, and six parcels, the Plaintiff received the authorization for the establishment of a housing reconstruction project on April 12, 2008, the authorization for the implementation of a project on December 26, 2013, the authorization for the implementation of a project on December 26, 2013, and the authorization for the management and disposal plan on January 27, 201

B. The Defendant is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). The instant real estate is located within the said reconstruction project area, and the Defendant is the Plaintiff’s commercial partner.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1 through 5 (including paper numbers), 19-1, 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) The implementer of the housing reconstruction project shall remove the existing structures after obtaining the authorization of the management and disposal plan (Article 48-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), and when the authorization of the management and disposal plan is publicly announced, the owner of the previous land or structure, superficies, leasee, etc., may not use or profit from the previous land or structure by the date of public announcement of relocation under Article 54

(Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). According to the above facts, since the approval and announcement of the management and disposal plan of the plaintiff was made, the defendant, as the owner

B. The defendant's assertion (1) The defendant re-building the part of the commercial building between the plaintiff's internal commercial council and the plaintiff's independent settlement method.

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