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(영문) 서울동부지방법원 2015.04.28 2014가단34974
부동산명도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff was established with the purpose of implementing a housing reconstruction project of A apartment located on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, and six parcels (hereinafter “instant project”). On June 12, 2003, the Plaintiff obtained authorization to establish the association from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003, and obtained authorization to implement the project from the head of Songpa-gu under Article 28 of the Urban Improvement Act on April 2008, and obtained authorization to implement the project on December 26, 2013.

B. The Defendant is the owner of the real estate indicated in the attached Form (hereinafter “instant real estate”), and the instant real estate is located within the instant business zone, and the Defendant is the Plaintiff’s commercial partner.

C. On January 27, 2015, the Plaintiff obtained authorization of the management and disposal plan from the head of Songpa-gu pursuant to Articles 48 and 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of Songpa-gu publicly announced the said management and disposal plan on January 29, 2015 pursuant to Article 49(3) of the Urban Improvement Act.

[Grounds for Recognition: Evidence Nos. 1 through 12, Evidence No. 2-1, Evidence No. 19-1, 2-2, purport of the whole pleadings]

2. Determination

A. The housing reconstruction project implementer shall remove existing structures after obtaining the approval of the management and disposition plan (Article 48-2 of the Urban Improvement Act). When the approval of the management and disposition plan is publicly announced, the right holder such as the owner, superficies, leaseer, etc. of the previous land or structure cannot use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Urban Improvement Act (the main sentence of Article 49(6) of the Urban Improvement Act). According to the above facts and the above legal principles, the defendants, the owner of the previous structure, are obligated to deliver the real estate of this case to the plaintiff, the developer of the reconstruction project of this case for the removal of the

B. The defendant's assertion

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