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(영문) 의정부지방법원 2018.08.08 2017가단118698
건물명도(인도)
Text

1. The Defendant, among the buildings listed in the attached list, shall follow in sequence 8, 9, 10, 11, 12, 13, 14, 15, and 8 of the attached list among the buildings listed in the attached list.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish a housing redevelopment and rearrangement project from the Jung-gu Government City Mayor in order to implement the housing redevelopment and rearrangement project at the Dong Government City C.

B. The Defendant leased part of 41.16 square meters inside the pertinent building from D, the owner of the instant building located within the district subject to the Plaintiff’s Housing Redevelopment Improvement Project (hereinafter “instant building”) in the lease deposit amounting to KRW 20 million, and currently occupied the said building portion.

C. On February 16, 2017, the Plaintiff obtained the authorization of a management and disposal plan from the Government Market, and the said authorization was publicly notified on the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7, 14, 15 (including branch numbers), the purport of the whole pleadings

2. Determination 1) Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) provides that “When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall make a public announcement of the details thereof in the official bulletin of the relevant local government.” The main sentence of Article 49(6) provides that “When a public announcement is made pursuant to paragraph (3), a person holding rights, such as the owner, superficies, leaser, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of a public announcement of transfer under Article 54.” If a public announcement of the approval of a management and disposal plan is made pursuant to these provisions, the former owner, etc. of the object is suspended from using or benefit from it without any separate procedure of expropriation or use of the object (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 2017>

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