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(영문) 서울중앙지방법원 2019.08.22 2018가단5168006
건물명도(인도)
Text

1. The Plaintiff:

A. The part of the building listed in the attached Table 1 by Defendant B,

B. The defendant C shall be listed in the annexed Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in Seocho-gu Seoul Metropolitan Government.

B. On December 21, 2017, the instant reconstruction association received a management and disposal plan for the instant rearrangement project from the head of Seocho-gu Seoul Metropolitan Government pursuant to Article 49(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”). The head of Seocho-gu Seoul Metropolitan Government announced the management and disposal plan for the instant rearrangement project as N on December 28, 2017.

C. The Defendants leased and occupied and used each part of the relevant building indicated in the separate sheet Nos. 1 through 9.

【Fact-finding without a dispute over the basis for recognition, entries in Gap evidence 1 through 12 (including the provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claim (Article 49(6) of the former Act) provides that “When a public announcement of a management and disposal plan is made pursuant to Article 78(4) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, owners of previous land or buildings, persons with superficies, leasers, etc. shall not use or benefit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, unless there are any reasons prescribed in

As recognized earlier, as long as the approval of the management and disposal plan for the plaintiff is publicly notified, the plaintiff who is the project implementer may undertake the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer.

Therefore, it is true.

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