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(영문) 서울중앙지방법원 2015.12.11 2015가단5186492
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

가. 원고는 서울 관악구 K 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014, respectively, and obtained authorization for project implementation under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 17, 2015, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on the same day.

C. The real estate listed in the separate sheet 1 to 9 is located in the project implementation district. Defendant B is located in the said project implementation district. The real estate listed in the separate sheet 1, Defendant C is the real estate listed in the separate sheet 2, Defendant D is the real estate listed in the separate sheet 3, Defendant E is the real estate listed in the separate sheet 4, Defendant F is the real estate listed in the separate sheet 5, Defendant H is the real estate listed in the separate sheet 6, Defendant H is the real estate listed in the separate sheet 7, Defendant I is the real estate listed in the separate sheet 8, and Defendant J

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. When a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Act on the Determination of Grounds for Claim, the owner of the previous land or structure shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act, and the project implementer shall be able to use or profit from the former land or structure.

Therefore, barring special circumstances, the Defendants whose use and profit has been suspended pursuant to the public notice of the instant management and disposal plan are obligated to deliver each of their own properties to the Plaintiff who acquired the right to use and profit

B. The proviso of Article 49(6) of the Act on the Determination of the Defendants’ Defense is land for public works as the exception to the main sentence.

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