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(영문) 서울서부지방법원 2017.06.14 2016가단255647
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. Determination on the cause of the claim

A. 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Metropolitan Government Seoul Mapo-gu Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”) with a project implementation district of KRW 87,840 square meters.

(2) On June 5, 2014, the head of Mapo-gu Seoul Metropolitan Government announced the implementation authorization and announcement of the rearrangement project of this case, and around December 2015, the management and disposal authorization and announcement of the rearrangement project of this case were made.

3) Buildings listed in the separate sheet (hereinafter “instant building”)

(4) The Defendant leased and occupied and used the instant building within the business zone of the instant rearrangement project.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publish the contents thereof in the official report 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, leasee, leasee, etc. 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." 2) In light of the above provisions of the above Act, the defendant whose use or profit from the building of this case has been suspended pursuant to the authorization and public announcement of the management and disposal plan of this case is obligated to deliver the building of this case to the plaintiff

2. Judgment on the defendant's assertion

A. The main point of the assertion is that the Defendant cannot respond to the Plaintiff’s claim before receiving advance compensation for housing relocation expenses, resettlement funds, etc. as part of the relocation measures under the Urban Improvement Act.

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