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(영문) 서울서부지방법원 2015.08.21 2015가단5340
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which has obtained authorization for establishment and project implementation from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing a housing redevelopment project with respect to A housing redevelopment project area of 66,094

B. The Defendant is the owner of the real estate in the attached list located within the Plaintiff’s improvement project zone (hereinafter “instant real estate”), who has completed the application for parcelling-out within the period for application for parcelling-out.

C. On November 27, 2014, the Plaintiff obtained the approval of the management and disposal plan for A-Housing Redevelopment Project from the head of Eunpyeong-gu, and on the same day, the management and disposal plan was publicly notified.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 8, and the purport of the whole pleadings】

2. When a management and disposal plan is authorized and publicly announced pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, owners, superficies, persons having rights, lease holders, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of public announcement of relocation under Article 54 of the same Act, and the project implementer shall allow them to use

According to the above facts, the management and disposal plan for the Plaintiff’s housing redevelopment improvement project was authorized on November 27, 2014, and announced on the same day, the Defendant became unable to use or profit from the instant real estate from November 27, 2014 to the date of the public announcement of transfer under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents since November 27, 2014, and the Plaintiff acquired the right to use or profit from the instant real estate as the project implementer. Thus, the Defendant is obligated to deliver the instant

3. On July 14, 2014, the defendant's decision on the defendant's assertion is made to withdraw the application for parcelling-out from the plaintiff.

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