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(영문) 서울북부지방법원 2016.11.04 2016가단14628
건물명도
Text

1. The Plaintiff:

A. Defendant B shall display 1, 2, 3, 4, 1 of the attached Form 2 among the 4th real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization formed by owners of land, etc., who are project implementers, for the purpose of promoting an urban environment improvement project that constructs buildings, such as housing, on the ground as a rearrangement project zone with a lot of real estate located in the Seoul Dongdaemun-gu Seoul Metropolitan Government F land, including the site for real estate indicated in the attached list.

B. Defendant B, among the real estate listed in the attached list (hereinafter “instant real estate”), has the area of 16.52 square meters in the ship (A), which connects each point of Annex 1, 2, 3, 4, and 1 of Annex 2 among the real estate listed in the attached list (hereinafter “instant real estate”), and Defendant C, in sequence, connects each point of Annex 9, 10, 11, 12, and 9 of Annex 3 among the three floors of the instant real estate, with the area of 16.52 square meters in the ship (C) which connects each point of Annex 13, 14, 15, and 13 of Annex 3 among the three floors of the instant real estate of this case, and Defendant D, in sequence, has the area of 16.52 square meters in the ship (D) which connects each point of Annex 2, 5, 7, 8, and 5 of Annex 4 among the instant real estate of this case.

C. On August 17, 1996, the head of Dongdaemun-gu established a rearrangement plan for the said rearrangement project zone and publicly announced it to the residents, and publicly announced the Plaintiff’s authorization for the implementation of the project on September 11, 2014, and authorization for the management and disposal on November 26, 2015, and publicly announced the management and disposal plan on November 26, 2015.

[Reasons for Recognition]

(a) Defendant B: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendants C, D, E; without any dispute; entries in Gap evidence 1 to 6 (including paper numbers); the purport of the whole pleadings;

2. Determination

A. According to Article 49(6) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the former owner, a person having chonsegwon, a lessee, etc. of the subject matter shall be suspended from using and earning profit from the subject matter, if the determination of the cause of the claim is made, and the project implementer shall be able to take over the subject matter to take advantage of and gain profit from the subject matter in order to start the construction work.

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