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(영문) 서울서부지방법원 2017.04.12 2016가단26092
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in Appendix 1;

B. Defendant D is listed in the attached Forms 3 and 4.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a housing redevelopment improvement project with the Eunpyeong-gu Seoul Metropolitan Government, H, and I Japan as a project implementation district (hereinafter “instant rearrangement project”).

B. The Plaintiff was authorized by the head of Eunpyeong-gu Seoul, the head of Eunpyeong-gu, to establish an association on September 15, 2009; the authorization for the implementation of the project on July 30, 2015; and the authorization for the management and disposal plan on November 19, 2015; and the head of Eunpyeong-gu, Seoul announced the authorization for

C. Each real estate listed in the separate sheet is located within the project zone of the instant rearrangement project.

Defendant B owns the real estate listed in the separate sheet No. 1, Defendant D owned the real estate listed in the separate sheet No. 3 and 4, and Defendant E possessed the real estate listed in the separate sheet No. 8.

Defendant C is the real estate listed in the attached Table 1, and Defendant F is the leased and possessed of all the third floor and rooftops among the real estate listed in the attached Table 8.

[Reasons for Recognition]

(a) Defendant B and C: The fact that there is no dispute;

(b) Defendant D, E, and F: The fact that there is no dispute, Gap evidence 1 through 3, 5-3, 4, and 7, and the purport of the whole pleadings;

2. Determination

A. In light of the judgment on the cause of the plaintiff's claim and the public notice of the approval of the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the owner, lessee, etc. of the previous land or building cannot use and benefit from each real estate (Article 49 (6) main sentence, (3), and Article 54 of the above Act). According to the above facts, it is reasonable to deem that the defendants, the owner or lessee of the real estate within the implementation zone of the instant improvement project, lose their right to use and benefit from each real estate, and the plaintiff lawfully acquired the above right to use and benefit from the project implementer

B. Determination of Defendant E and F’s assertion is based on an acceptance ruling.

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