logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.21 2016가단206461
건물인도
Text

1. The Plaintiff:

(a) Defendant B real estate listed in Appendix 1 No. 1, 2, and 6;

B. Defendant C is the same list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project by designating the Mapo-gu Seoul Metropolitan Government I as a project implementation district (hereinafter “instant rearrangement project”), and received authorization for the implementation of the project on July 26, 2012 from the head of Mapo-gu and received the authorization for the implementation of the project on July 7, 2015 from the head of Mapo-gu.

7.9. Administration Plan and Public Notice was made.

B. The Defendants are owners of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) located within the said project implementation district, and Defendant B occupied and used the 6 real estate indicated in the same list.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Where the Plaintiff’s assertion is publicly notified, the former owner’s use and profit-making of the subject matter shall be suspended. As such, the project implementer may use and profit-making from the subject matter without any separate procedure of expropriation or use. Since the management and disposal plan of the instant rearrangement project is authorized and publicly notified, the Defendants are obligated to deliver the subject matter to the Plaintiff.

3. Determination

(a) As to Defendant 3 and 7: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);

B. (1) 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 management and disposal plan is authorized and its announcement is made, the owner of the previous land or building and the right holder such as the lessee shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54.” If the approval of the management and disposal plan is publicly notified, the use or benefit of the previous owner, etc. of the object shall be suspended. Thus, the project implementer shall separately expropriate the object.

arrow