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(영문) 서울중앙지방법원 2015.12.23 2015가단5175737
건물명도
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumption

가. 원고는 서울 관악구 J 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 Defendants are owners of the pertinent real estate stated in the purport of the claim located in the project implementation district above (Defendant E is the owners of 1/2 shares of the 4 real estate listed in the separate sheet) and are subject to cash settlement.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 4 and 5, Gap's evidence 1 to 8, Gap's evidence 6, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserts that when a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Urban Improvement Act, the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the Urban Improvement Act, and the project implementer may use or benefit from the former land or structure.

On such premise, the Defendants, the owner of which was subject to suspension of use and profit pursuant to the notice of authorization of the instant management and disposition plan, asserts that they have the duty to deliver the pertinent real estate possessed by the Plaintiff who acquired the right of use

(b) Article 49 (6) of the Act on the Determination of Urban Improvement shall be applied to the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building when a public announcement is made under paragraph (3).

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