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(영문) 서울남부지방법원 2018.01.10 2017가단204388
건물명도(인도)
Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association that completed the registration of incorporation on November 12, 2008 in order to implement redevelopment and rearrangement projects (hereinafter “instant rearrangement projects”) by designating the Yeongdeungpo-gu Seoul Metropolitan Government E Group as a project implementation district.

B. The Plaintiff received project implementation authorization on April 14, 201, and the head of Yeongdeungpo-gu Office approved and publicly notified the management and disposal plan of the instant rearrangement project on March 21, 2016.

C. Each real estate listed in the separate sheet is located within the implementation zone of the rearrangement project in this case, and the defendants occupy the pertinent real estate as the owner of each claim stated in the separate sheet (hereinafter “each of the pertinent real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, the purport of the whole pleadings

2. Determination:

A. When a management and disposition plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan.

In addition to the above facts, as the management and disposal plan for the instant rearrangement project is publicly announced, the use and profit-making of each of the Defendants’ respective real estate shall be suspended, and the Plaintiff acquires the right to use and profit-making as the project implementer. Therefore, the Defendants are obligated to deliver each of the instant real estate to

B. As to the Defendants’ assertion, Article 49(6) of the Act provides that when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of public announcement of transfer under Article 54.

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