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(영문) 서울북부지방법원 2017.02.16 2016가단134454
건물명도
Text

1. The Plaintiff:

A. Defendant B received KRW 15,000,000 from the Plaintiff and simultaneously entered in the separate sheet No. 1.

Reasons

1. Claims against Defendant C, D, F, G, H, I, and J

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

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

2. Claim against Defendant M.

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

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

c. Claim against Defendant B, E,K, L, N,O, P, and Q

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4, the Plaintiff obtained authorization for establishment of the Nowon-gu in Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), authorization for establishment of the association on January 22, 2009, authorization for implementation of the project on May 1, 2014, and authorization for implementation of the management and disposal plan on April 14, 2016 from the head of Nowon-gu for the purpose of implementing the redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On the same day, the fact that the notice was given, and the

B. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan has been authorized and such public notice has been given, the owner, lessee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.”

As seen above, as long as the management and disposal plan for the instant project was authorized and publicly announced, the Defendants are obligated to deliver each Defendants’ possession portion to the Plaintiff in accordance with the Urban Improvement Act.

C. Defendant B cannot respond to the Plaintiff’s claim until the Plaintiff redeems the lease deposit.

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