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(영문) 서울북부지방법원 2016.12.09 2016나34050
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

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 that obtained authorization from the head of Jung-gu Seoul Metropolitan Government on September 21, 201 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 H, and was authorized to implement the project on June 21, 2013, and the management and disposal plan on January 22, 2015. The head of the Seoul Jung-gu

(I) the Jung-gu Seoul Metropolitan Government Public Notice; (b)

Attached Form

Each real estate recorded in the list is located within the project implementation district, and the defendant is a lessee of the second floor of 107.75 square meters (hereinafter “instant real estate”) among the real estate listed in paragraph (1) of the attached Table.

【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, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The defendant's assertion and its determination (1) Any violation of the procedure, such as prior consultation, is about tenants in order to find the right of the tenants who are not protected by law.

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