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(영문) 서울남부지방법원 2017.02.09 2016가단222778
건물명도
Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government D, as a project implementation district, after obtaining authorization from the head of Yangcheon-gu Seoul Metropolitan Government on December 21, 2009. On December 10, 2015, the Plaintiff received a management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). At that time, the Plaintiff publicly announced the plan.

B. The Defendants occupy each corresponding part of the text within the implementation zone of the rearrangement project.

[Grounds for Recognition] Defendants: constructive confession (or each entry of Gap evidence 1 to 3, and the purport of the whole pleadings)

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the Plaintiff claims against the Defendants the name of the building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the approval of the management and disposal plan is publicly announced in relation to the urban rearrangement project, the owner of the previous land or building and the right holder such as the lessee cannot use or profit from the land or building, and the project implementer can use or benefit from the land or building. According to the above facts of recognition, the Defendants are obligated to deliver

3. Thus, the plaintiff's claim against the defendants is justified.

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