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(영문) 서울중앙지방법원 2016.04.28 2015가단159419
부동산명도 등
Text

1. The Defendant indicated the attached Form 2 on the second floor of the real estate stated in paragraphs (3) and (4) of the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff Union was authorized by the head of Dongjak-gu Seoul Metropolitan Government to implement the reconstruction project of multi-family housing with the area of 49,062 square meters in Dongjak-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”).

B. On May 14, 2015, the Plaintiff Union established a management and disposition plan and received the approval of the management and disposition plan from the head of Dongjak-gu, Seoul, and the head of Dongjak-gu, Seoul, publicly notified the approval plan on

C. The Defendant leased and resided in a ship that connects each point in the attached Form No. 2, 1, 2, 2, 2, 2, 2, 2, 2, 2, and 1, among the two real estate floors in the attached Form No. 3 and 4 of the real estate list

[Ground of recognition] Each entry of Gap evidence 1 to 10 (including paper numbers) and the purport of the whole pleading

2. When the approval of a management and disposal plan under Article 49(3) of the Act is publicly notified, the use and profit-making by the right holder, such as the owner and lessee of the previous land or building, shall be suspended pursuant to the main sentence of Article 49(6) of the Act, and the project implementer shall be entitled to use and profit-making from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant, as the lessee of the building within the business territory of the Plaintiff Union, is obligated to withdraw the Plaintiff Union from the lease part of the land for which the right to use

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