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(영문) 서울서부지방법원 2018.02.06 2017가단16429
건물명도(인도)
Text

1. The Plaintiff, Defendant B, all of the real estate listed in the separate sheet No. 2, and Defendant C, as listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established by having the Eunpyeong-gu Seoul Metropolitan Government D Japan as a project implementation district.

The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan on March 2, 2017 for the housing redevelopment improvement project implemented by the plaintiff, and publicly notified it.

B. The Defendants possess the corresponding portion of the attached list No. 2 as indicated in the order (hereinafter “instant real estate”), and the instant real estate is located within the said project implementation district.

[Reasons for Recognition] Articles 150(1) and 150(3) of the Civil Procedure Act (Voluntary Confession)

2. When the public announcement of a management and disposal plan prescribed in Article 49(3) of the former Act on the Determination of Grounds for Claim (Amended by Act No. 14567, Feb. 9, 2017) is made, the use and profit of the right holder, such as the owner, superficies, person holding a right to lease on a deposit basis, lease on a deposit basis, shall be suspended, and the project implementer may use and profit from the former land or

As seen in the above facts, since the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas is authorized and publicly announced for the instant rearrangement project for the area including the instant real estate, the Defendants, the lessee, etc. whose use and profit has been suspended, are obligated to deliver the said real estate to the Plaintiff

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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