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(영문) 서울북부지방법원 2017.01.17 2016나32528
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction improvement project association approved by the head of Jung-gu Seoul Metropolitan Government on September 4, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in the F Group in Jung-gu Seoul Metropolitan Government.

B. The Plaintiff obtained project implementation authorization from the head of Jung-gu Seoul Metropolitan Government on June 21, 2013, and obtained the approval of the management and disposal plan on January 22, 2015, and the head of Jung-gu Seoul Metropolitan Government announced it on the same day.

(Seoul Special Metropolitan City Jung-gu Public Notice G)

Attached Form

The real estate listed in paragraph (1) of the list is located in the project implementation district, and the defendant B is located in the first floor of the real estate listed in paragraph (1) of the attached Table.

2. Part 37.40 square meters inboard connecting each point in sequence 1, 2, 5, 6, and 1 of drawings, and part 37.40 square meters in case of Defendant C, of the real estate listed in paragraph (1) of the attached Table.

2. Each lessee of a part of 37.40 square meters in the ship which connects each point of 2, 3, 4, 5, and 2 of drawings, which is currently possessing each of the above parts.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination

A. Article 49(6) of the Act on the Determination of Grounds for a Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is given to the Plaintiff, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings shall transfer the land or buildings he/she

Therefore, it is special.

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