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(영문) 서울남부지방법원 2016.10.27 2016가단222563
건물명도
Text

1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Claim No. 1) The Plaintiff of the parties is the Housing Redevelopment Improvement Project Association established to remove the buildings within the said project implementation district and build a new building on the land by making the Yangcheon-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 174,801.0 square meters as the project implementation district, and as the said redevelopment improvement project (hereinafter “instant rearrangement project”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 10, 2015

The management and disposal plan and the notice thereof under Article 49(2) and (3) have been made. The defendant occupies real estate as a lessee of a building located within the execution zone of the rearrangement project in this case. 2) Claim for the name of the building under Article 49(6) of the Urban Improvement Act against the defendant.

A. When the public announcement of approving the management and disposal plan is made in the urban rearrangement project, the project implementer (the plaintiff in this case) is obligated to order the project implementer to order the building, etc. in possession of the project implementer, since the use of the previous land or building and the acquisition of the right to benefit, as well as the use and profit-making of the owner and lessee of the relevant real estate (the defendants in this case

B. As seen earlier, inasmuch as the management and disposal plan for the instant rearrangement project was publicly notified on December 10, 2015, the Defendant, the lessee of the instant building, bears the obligation to surrender the real estate he/she possesses to the Plaintiff who acquired the right to use and profit from the said real estate.

However, according to the implementation of the instant improvement project, the Defendant’s intent not to perform his/her obligation within the resettlement period from March 2, 2016 to May 31, 2016 is apparent and requires the progress of the instant lawsuit, and the Plaintiff’s lawsuit inevitably takes into account the delivery period, etc. of the complaint into account for smooth resettlement management.

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