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(영문) 서울중앙지방법원 2015.12.10 2015가단5181961
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 M 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained the authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City, and the authorization for project implementation on May 22, 2014, respectively. On February 17, 2015, the management and disposal plan was approved pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The head of Gwanak-gu in Seoul Special Metropolitan City announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act

C. Each real estate listed in the separate sheet from Attached 1 to Attached 11 (hereinafter “each real estate of this case”) is located in the project implementation district of this case.

The defendants are the owners of each real estate stated in the purport of the claim and are subject to cash clearing.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 11 (including provisional number), and 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 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 the public announcement of transfer 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, whose use and profit as the owner has been suspended under the notice of authorization of the instant management and disposition plan, asserts that the project implementer, who acquired the right to use and profit from each of the instant real estate, has the obligation to deliver the relevant

(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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