logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.11.29 2016가단236172 (1)
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

In full view of the purport of evidence evidence Nos. 1 through 7, the Plaintiff is recognized as the housing redevelopment and rearrangement project association established to implement a housing redevelopment improvement project in Mapo-gu Seoul Metropolitan Government, and the authorization of establishment on March 19, 2009 is granted on June 5, 2014, and the head of Mapo-gu Seoul Metropolitan Government approves and announces the management and disposal plan on December 18, 2015. The Defendant is recognized as the person who owns a building listed in the attached list (hereinafter “instant real estate”).

The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of the management and disposal plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or building shall not use or profit from the previous land or building by the date of the public announcement of relocation under Article 54.” Thus, the fact that the head of Mapo-gu Seoul Metropolitan Government publicly notified the authorization of the management and disposal plan concerning the instant rearrangement project on December 18, 2015 by the head of Mapo-gu shall be as seen earlier. Therefore, the Defendant, the owner of the instant real estate located within the zone where the rearrangement project in this case is implemented, is obligated

Although the defendant asserts that the appraised value of the real estate of this case is so low that it cannot respond to the plaintiff's claim, there is no evidence to acknowledge it, as well as the defendant's assertion, it is difficult to view that the plaintiff's request for an explanation of the appraised value can not be asserted, regardless of the fact that the plaintiff's objection procedure is followed, such as an objection against the valuation of asset.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow