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(영문) 서울남부지방법원 2017.04.04 2016가단219963
건물명도
Text

1. The Plaintiff:

A. Defendant B, among the first floor of the building listed in the attached Table No. 1 in the attached Table No. 1, 1 to 9.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established on October 30, 2006 in order to implement housing redevelopment and rearrangement projects in the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government.

The plaintiff was authorized to implement the project by the head of Yangcheon-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and on December 21, 2009, the project implementation authorization was publicly announced in the Official Gazette, and was subject to the approval of the management and disposal plan on December 10, 2015, and was publicly announced

B. The Defendants are tenants who have moved into each of the relevant buildings and buildings listed in paragraph (1) of this Article.

[Reasons for Recognition]

A. The plaintiff, defendant B, and C: The non-contentious facts, Gap evidence Nos. 1 and 2, and the purport of the whole legal arguments

B. Between the Plaintiff, Defendant D and E: Article 150(3) and (1) of the Civil Procedure Act

2. 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 the head of a Si/Gun shall, when granting authorization of a management and disposal plan, publicly announce the details thereof in the official gazette of the relevant local government; and when the public announcement is made, a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure 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 under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is not completed.

3. Determination

A. According to the above facts and the legal regulations, the Defendants whose use and profit has been suspended pursuant to the public notice of the management and disposal plan shall acquire the right to use and profit as the project implementer, barring any special circumstance.

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