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(영문) 서울서부지방법원 2016.02.18 2015가합34949
건물명도
Text

1. As to the real estate listed in paragraph 1 of the attached Table, Defendant B shall be recorded in the Plaintiff, and the Defendant C shall be recorded in paragraph 2 of the same Table.

Reasons

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association approved by the head of Eunpyeong-gu Seoul Metropolitan Government on May 4, 2010 to implement a housing reconstruction and improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) in Eunpyeong-gu Seoul Metropolitan Government 30931С (hereinafter referred to as the “instant project zone”).

The Defendants are the owners of the pertinent real estate listed in the attached list in the instant project zone (hereinafter “each of the instant real estate”) and are the Plaintiff’s members.

[Ground] As to Defendant B: The relevant provisions of the Urban Improvement Act and the Articles of Incorporation (Evidence A) are as follows: (a) a confession as to Defendant C, D, and E (Article 150(3) of the Civil Procedure Act): the absence of dispute; (b) a statement of evidence Nos. 1 through 4, and 9 (including the number number; hereinafter the same shall apply); and (c) a relevant provision of the Urban Improvement Act and the purport of the entire pleadings.

(2) The head of a Si/Gun shall determine whether to grant authorization within 30 days from the date an application for authorization for a management and disposal plan by a project implementer is filed, and notify the project implementer thereof.

Provided, That where the head of a Si/Gun requests a public institution prescribed by Presidential Decree to verify the feasibility of a management and disposal plan applied for authorization, he/she shall determine whether to grant authorization within 60 days from the date of receipt of an application for

(3) Where the head of a Si/Gun approves a management and disposal plan under paragraph (2), he/she shall publicly announce the details thereof in the public bulletin.

(6) When the public announcement is made pursuant to the provisions of paragraph (3), any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54.

Article 40. The consent of a project implementer or Article 40.

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