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(영문) 서울서부지방법원 2016.02.12 2015가단238539
건물명도
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 is a housing reconstruction and rearrangement project association which obtained authorization from the head of Mapo-gu Seoul Metropolitan Government on June 4, 2010 to implement a housing reconstruction project with the land size of 47,163 square meters in Mapo-gu Seoul Metropolitan Government as a project implementation district and completed the registration of incorporation on June 7, 2010. The Defendant is a tenant who occupies real estate in the attached list, which is an unregistered building located within the said project implementation district (hereinafter “instant real estate”).

B. The Plaintiff obtained authorization for the implementation of the project on March 27, 2013 from the head of Mapo-gu Seoul Metropolitan Government, the authorization for the implementation of the project on July 8, 2014, respectively, and received the authorization for the implementation of the project on April 24, 2015, and on April 30, 2015, the authorization for the management and disposal plan was publicly notified as D/D of Mapo-gu Seoul Metropolitan Government.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that when the approval of the management and disposal plan for the reconstruction project is publicly notified, any right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation. Therefore, if the approval of the management and disposal plan is publicly notified, the use or benefit of the previous right holder for the object shall be suspended and the project implementer shall make use or benefit from it. According to the facts acknowledged above, according to the public announcement of the approval of the management and disposal plan for the reconstruction project of the plaintiff, the defendant, who is the lessee of the real estate in this case, was unable to use or benefit from

3. The defendant's assertion.

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