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(영문) 서울남부지방법원 2016.12.06 2016가단216520
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, with the section of exclusive ownership listed in attached Table No. 1, and Defendant C, with the same list No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Improvement Project Association established around October 7, 2008 after obtaining authorization from the head of Yeongdeungpo-gu Office for the establishment of a housing redevelopment project on October 7, 2008 to implement a housing redevelopment project in the area of 76,602 square meters in Yeongdeungpo-gu

B. The Plaintiff received project implementation authorization from the head of Yeongdeungpo-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and on February 6, 2014, the project implementation authorization was publicly announced in the official bulletin.

After that, the plaintiff received the approval of the management and disposal plan, and on August 13, 2015, the management and disposal plan was also publicly notified in the official bulletin.

C. Defendant B is the owner of the second floor among the real estate indicated in paragraph (1) of the real estate list, and Defendant C is the owner of the second floor among the real estate indicated in paragraph (2) of the same list, and Defendant D is the person who leased and occupied the part of exclusive ownership indicated in paragraph (

[Ground of recognition] B between the plaintiff and the defendant: Article 150(3) and (1) of the Civil Procedure Act; the plaintiff, defendant C, and D: The absence of dispute; the reorganization of evidence Nos. 1, 2, 15, and 16 of the Civil Procedure Act; the purport of the whole pleadings

2. Determination

(a) Article 48-2 (1) of the Urban Improvement Act provides that a project implementer shall remove existing structures after obtaining authorization of a management and disposal plan under Article 48 (1); Article 49 (3) and (6) of the Urban Improvement Act provides that when the head of a Si/Gun approves a management and disposal plan, he/she shall publicly notify the details thereof in the official bulletin of the relevant local government; and when such public announcement is made, the owners, persons with superficies, persons with right, lease right, etc. of the previous land or structures may not use or profit from the previous land or structures until the public announcement is made under Article 54: Provided, That this shall not apply to a right holder whose project implementer’s consent or compensation for losses is not completed under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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