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(영문) 수원지방법원 성남지원 2018.07.13 2017가단226451
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the attached Table 1 list, each point of Attached Form 3, 4, 5, 6, and 3.

Reasons

Facts of recognition

- The Seongbuk-gu Mayor designated the Plaintiff as the implementer of the C Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Improvement Project”) to be implemented on the 233,366 square meters in Jung-gu Seoul Special Metropolitan City B in Seongbuk-gu, Sungnam-gu, and announced it.

- The Sungnam City approved the implementation plan of the instant rearrangement project on December 4, 2009 and announced it on the same day, and on February 5, 2016, approved the alteration plan for the implementation of the instant rearrangement project as D public notification of Sungnam-si.

- The Plaintiff established a management and disposal plan for the instant improvement project, and the Sungnam Mayor approved the above management and disposal plan on November 7, 2016 to be publicly notified E in Seongbuk-si.

- The Defendant, among the 1st floor of the attached Table 1 building located within the instant rearrangement project zone, has occupied and used the portion (A) of the attached Table 2 drawings in sequence 3,4,5,6, and 34 square meters in the attached Table 2 drawings among the 3th floor of the building located within the instant rearrangement project zone, which connects each point of (a) section 34 square meters in sequence, and the items of (b) section 34 square meters in the attached Table 1,2,7,8, and 1, is a lessee, and the area of (a) section 34 square meters in the attached Table 3 drawings among the three floors of the building listed in the attached Table 1 list is occupied and used up to the present day.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 6, and Gap evidence No. 9 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings is determined pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, if the management and disposal plan is authorized and the public notice thereof is made, the owner of the previous land or building, superficies, leaseer, etc. may not use or profit from the previous land or building until the public notice of relocation is given under Article 54 of the same Act

(see, e.g., Supreme Court Decision 91Da22094, Dec. 22, 1992). According to the above facts of recognition and the above legal doctrine, insofar as the management and disposal plan for the instant rearrangement project by the Plaintiff was approved on November 7, 2016 and announced publicly, it is within the project implementation district.

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