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(영문) 서울서부지방법원 2015.08.26 2015가단219309
건물명도
Text

1. The defendant shall deliver to the plaintiff the plaintiff the Eunpyeong-gu Seoul Metropolitan Government C(D) mentment block mentor and 35.04 square meters of multi-story housing.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation area covers 66,094 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff obtained authorization for the implementation of the project on May 26, 201 from the head of Eunpyeong-gu Seoul Metropolitan Government, the authorization for the implementation of the project on November 28, 2013, the authorization for the implementation of the project on November 27, 2014, and the head of Eunpyeong-gu publicly notified the details of the authorization for the management and disposal plan on November 27, 2014.

B. The owner of Eunpyeong-gu Seoul Metropolitan Government (D) mentment block menters and branch roof multi-story housing (hereinafter “instant housing”) who is the Plaintiff’s member, filed an application for parcelling-out with the Plaintiff on September 1, 201, within the period for application for parcelling-out.

C. The Defendant completed the move-in report on the instant house on April 21, 2006, but thereafter, the move-in report was cancelled, and re-registration was repeated twice, and even though the move-in report was made in another place on September 15, 2014, the Defendant is currently refusing the Plaintiff’s request for delivery by asserting that he/she is residing as a lessee G’s family member in the instant house.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. Determination

A. Cause of claim: (i) 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 a management and disposal plan is publicly announced, the owner of the previous land or building, superficies, leasee, leasee, right holder, etc. shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54; Provided, That the same shall not apply to the case of the right holder whose consent is obtained from the project operator or whose compensation is not completed under Article 40 and the

D. According to the above provisions, when the management and disposal plan of the project implementer is approved and announced publicly, the previous land or land is stipulated in the management and disposal plan.

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