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(영문) 서울북부지방법원 2017.06.20 2016가단13229
건물명도
Text

1. The Plaintiff:

(a) Defendant B, among the real estate listed in the separate sheet No. 1, shall be classified into Annex 3, Section 1, Section 2, Section 3, 4, and Section 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization consisting of “owners of land, etc.” under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that engages in an urban environment rearrangement project by setting the total area of 4328 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu as a project implementation district

The Defendants, located within the project implementation district above, are as follows: Defendant B, among the real estate listed in the attached Table 1 list, the part on the ship (a) part of 6.61 square meters (hereinafter “instant one real estate”) connected with each of the items in the attached Form 3 Map 1, 2, 3, 4, 1, and 6.61 square meters (hereinafter “instant one real estate”); Defendant C, among the real estate listed in the attached Table 1 list, the part on the ship (b) connected each of the items in the attached Form 4 Map 5,6, 7

9. 91㎡ 및 별지4 도면 표시 ㅋ, ㅌ, ㅍ, ㅎ, ㅋ의 각 점을 순차 연결한 선내 (다) 부분 3.30㎡(이하 ‘이 사건 2부동산’이라고 한다)를, 피고 D은 별지2 목록 기재 부동산 중 별지5 도면 표시 1, 2, 3, 4, 1의 각 점을 순차 연결한 선내 (라) 부분 9.91㎡(이하 ‘이 사건 3부동산’이라고 한다)를 각 점유하고 있다.

B. On September 11, 2014, the head of Dongdaemun-gu Seoul Metropolitan Government approved the implementation of the project on the Plaintiff, and approved the management and disposal plan on November 26, 2015, and publicly notified it on the same day.

[Reasons for Recognition] Defendant B and C: A without dispute, entry in Gap evidence 1 through 7 (including a provisional number), and the purport of the whole pleadings: Defendant D: Decision of deemed confession (Articles 208(3)2 and 150 of the Civil Procedure Act)

2. The assertion and judgment

A. If a management and disposal plan is authorized and announced pursuant to Article 49(6) and (3) of the Act on the Determination of the Grounds for Claims, the former owner, lessee, etc. shall be suspended from using and earning profit from the subject matter, and the project implementer shall be able to take delivery of the subject matter and use and gain profit from the subject matter to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above facts of recognition, the Defendants constitute each part of their own possession to the Plaintiff.

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