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(영문) 서울북부지방법원 2016.03.31 2015가단132031
건물명도
Text

1. The Plaintiff:

A. Defendant B, among the real estate listed in paragraph 1 of the attached Table 2, indicated in the attached Table 2, 3, 4, 5, and 2.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C and F

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Claim against Defendant D and E

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 to 6 evidence No. 1.

1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in Jung-gu Seoul Metropolitan Government G Group.

(2) On September 4, 2008, as a reconstruction project association which obtained authorization from the head of the Seoul Central Government, the authorization of the project implementation on June 21, 2013, the authorization of the management and disposal plan was obtained on January 22, 2015, and the head of the Seoul Central Government announced it on the same day. 2) The real estate listed in the separate sheet is located in the above project zone, and the defendant D connects each point of attached Form 1, 2, 5, 6, and 1 of attached Form 3 of the real estate listed in attached Table 3 of the separate sheet (hereinafter referred to as “the instant real estate”), and the defendant E leases and occupies the portion of “B” 42.79mm2 (hereinafter referred to as “the instant real estate”) connected each point in order to each point listed in the separate sheet 3 drawings indicated in the attached Table 3.3.

B. Determination 1, Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that when the authorization of a management and disposal plan is publicly announced, the owners, superficies, persons holding rights, lease rights, etc. of the previous land or buildings may not use or profit from the previous land or buildings without the consent of the project implementer until the date of the public announcement of relocation under Article 54 of the same Act. Thus, the Plaintiff obtained the authorization of the management and disposal plan as

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