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(영문) 서울북부지방법원 2016.12.09 2016나33255
건물명도
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff was a reconstruction maintenance and improvement project association approved by the head of Jung-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in Jung-gu Seoul Metropolitan Government, and was authorized to implement the project on June 21, 2013, and the management and disposal plan on January 22, 2015. The head of Jung-gu Seoul Metropolitan Government announced it on the same day.

(P) Jung-gu Seoul Special Metropolitan City Public Notice P)

The real estate listed in paragraph (3) of the attached Table 1 list is located within the above business area, and the defendant D is occupying up to now by leasing 42.79 square meters in order to connect each point of the attached Table 1, 2, 5, 6, and 1 of the attached Table 3 drawings of the above real estate, and the defendant E is occupying 42.79 square meters in order to connect each point of the attached Table 3 drawings of the attached Table 3 drawings 2, 3, 4, 5, and 2 of the real estate listed in the attached Table 1 list 1 list 2, 3, 4, 5, and 2.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination:

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that when the delivery duty arises and the public notice of approval of a management and disposal plan is given, the owners, superficies, leasers, etc. of the previous land or buildings may not use or profit from the previous land or buildings without the consent of the project implementer until the date of public notice of relocation under Article 54 of the same Act. Thus, as long as the Plaintiff obtained authorization of the management and disposal plan as the above facts, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings, shall transfer the land or buildings he/she

Therefore, barring special circumstances, Defendant D shall be the Plaintiff, and Defendant D shall be the same.

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