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(영문) 서울중앙지방법원 2016.01.28 2015가단5298869
건물명도
Text

1. Defendant H shall deliver to the Plaintiff the real estate listed in the attached Table 6 list.

2. The plaintiff's remaining defendants

Reasons

1. Basic facts

가. 원고는 서울 관악구 L 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014, respectively, and obtained authorization for project implementation under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 17, 2015, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on the same day.

C. The Defendants are owners of the pertinent real estate stated in the purport of the claim located in the project implementation district above (Defendant B and C are owners of each of the pertinent real estate.) and are subject to cash settlement.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 11 (including virtual number) 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 Determination of Grounds for Claims, the owner of the previous land or structure shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and the project implementer shall be able to use

Therefore, barring special circumstances, the Defendants whose use and profit has been suspended pursuant to the public notice of the instant management and disposal plan are obligated to deliver each of their own properties to the Plaintiff who acquired the right to use and profit

3. The proviso of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor stipulates that the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has not been completed as an exception to the main sentence of Article 49(6) of the Act on the Determination of the Defense by the remaining Defendants other than Defendant H. The Plaintiff acquires land, etc. for

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