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(영문) 서울중앙지방법원 2016.02.17 2015가단5318619
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the building listed in the separate sheet No. 1;

B. Defendant C shall set forth in [Attachment] List 2.

Reasons

1. Judgment on the plaintiff's claim

A. The facts below the facts of recognition do not conflict between the plaintiff, defendant B, and C, or may be acknowledged by taking full account of the overall purport of the arguments in each of Gap evidence Nos. 1, 2-1, 2, and 3.

Between the Plaintiff and Defendant D, E, F, G, and H, the said Defendants are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

1) The Plaintiff is a housing redevelopment and rearrangement project whose business area covers 11,129.1 square meters in Jongno-gu Seoul Metropolitan Government I (hereinafter “instant rearrangement project”).

(2) The Plaintiff was authorized to implement the project on November 22, 2013 by the head of Jongno-gu, Seoul, the head of the Gu, respectively, and the approval of the management and disposal plan on June 26, 2015 by the head of Jongno-gu, Seoul. The head of Jongno-gu, Seoul announced the approval of the management and disposal plan on July 10, 2015.

3) All of the buildings listed in the separate sheet are located within the project zone of the instant rearrangement project. 4) Defendant B is the lessee of the building listed in the separate sheet owned by the Plaintiff’s member, and Defendant C occupies each of its own real property as the owner of the building listed in the separate sheet No. 14, 5, 14, 2/14, 2/14, 2/14, 2/14, 2/14, 2/14, 2/14, and 14 shares among the buildings listed in the separate sheet No. 3 of the attached sheet No. 3 of the attached sheet, and Defendant H is the owner of each building listed in the separate sheet No. 4 of the attached sheet

B. Determination. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government.” The main sentence of paragraph (6) of the same Article provides that “When a public announcement is made pursuant to paragraph (3), the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of relocation pursuant to Article 54.

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