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(영문) 서울북부지방법원 2016.02.18 2015가단131779
건물명도
Text

1. The Plaintiff:

A. Defendant B is each of the items indicated in the separate sheet No. 1, 2, 5, 6, and 1 among the real estate listed in the separate sheet.

Reasons

1. Claim against Defendant B, C, E, and F

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant G

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Claim against Defendant D

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 to 6 evidence No. 1.

1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in Jung-gu Seoul Central District H Group.

(2) On September 4, 2008, the head of the Dongdaemun-gu Office obtained authorization for establishment from the head of the Gu in Seoul on June 21, 2013, obtained authorization for the implementation of the project on the management and disposal plan on January 22, 2015, and the head of Dongdaemun-gu Office publicly announced the plan on the same day. 2) The real estate listed in the attached list is located within the above project zone, and the defendant D leases the entire real estate indicated in the attached list from I, the owner of which, in turn, the attached list 7, 8, 11, 12, and 7 shall be leased and occupied until now.

B. We examine the judgment, and Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that when the authorization of a management and disposal plan is publicly announced, the owners, superficies, persons holding rights, lease rights, 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 announcement of relocation under Article 54 of the same Act. Thus, as long as the Plaintiff obtained authorization of a management and disposal plan as the above acknowledged facts, the Plaintiff, who is the project implementer, may proceed with the project by removing the buildings in the rearrangement zone, etc. For this purpose, the

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