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(영문) 서울서부지방법원 2015.06.24 2015가단205881
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers the F multi-household 401 heading 20.19 square meters in Seodaemun-gu Seoul Metropolitan Government;

B. Defendant C.

Reasons

1. Indication of claim: Claim for delivery of real estate under Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

2. Grounds for determination;

(a) Defendant B, D, and E: Article 208(3)2, and Article 150(1) and (3) of the Civil Procedure Act (self-conception);

B. According to each statement in Gap evidence Nos. 1 through 12, the plaintiff is a housing redevelopment and rearrangement project association whose project area covers 49,382m2 in Seodaemun-gu Seoul Metropolitan Government, and the plaintiff is an association establishment authorization on August 29, 2007 from the head of Seodaemun-gu Seoul Metropolitan Government, the authorization for the establishment of the project on April 15, 201, the authorization for the implementation of the project on December 27, 2013, the authorization for the implementation of the project on November 21, 2014, and the head of Seodaemun-gu announced the approval of the above management and disposal plan on November 24, 2014, and the head of the Gu publicly announced the contents of the above management and disposal plan on November 24, 2014, ② the defendant C owns the lease of the land on three lots, other than Seodaemun-gu Seoul Metropolitan Government, which was located in the plaintiff's rearrangement zone, and the part of the plaintiff's application for parcelling-out shall be recognized to the plaintiff.

Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, when the approval of management and disposal plan is publicly announced: Provided, That the same shall not apply to the case of the right holder whose compensation is not completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

According to the above regulations, when a management and disposal plan of a project implementer is approved and announced publicly, the former land or structure is stipulated in the management and disposal plan.

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