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(영문) 서울서부지방법원 2018.11.27 2018가단217243

건물명도(인도)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Facts of recognition

The plaintiff is a housing reconstruction and improvement project association that has completed the establishment authorization and establishment registration pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a reconstruction project (hereinafter referred to as the "renovation project of this case") on the ground of Eunpyeong-gu Seoul Metropolitan Government D D, and the defendant (appointed party) and the appointed party C

On February 5, 2018, the head of Eunpyeong-gu Office made an approval plan for the management and disposal of the reconstruction project in this case in accordance with the former Urban Improvement Act, and publicly notified on February 8, 2018.

[Ground of recognition] The Plaintiff asserts that the owner or lessee of the real estate listed in the separate sheet (hereinafter “instant real estate”) located in the instant reconstruction project zone may not use or benefit from the previous land and buildings until the date of public announcement of transfer under the relevant provisions, and the Plaintiff, a project implementer, may use or benefit from the real estate stated in the purport of the entire pleadings and the purport of the entire pleadings by the Plaintiff, pursuant to the relevant provisions of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

It shall be examined ex officio prior to the judgment on the merits.

As of October 30, 2018, which was the closing of argument in the instant case, there is no dispute between the parties that the Defendants had already completed the transfer of the instant real estate to the Plaintiff.

Therefore, the instant lawsuit is unlawful because there is no benefit in the protection of rights. Therefore, it is unlawful without examining the remainder of the lawsuit.

Therefore, the plaintiff's lawsuit of this case is dismissed.

On September 21, 2018, the Plaintiff submitted a written withdrawal of the lawsuit against the Defendant and the Appointor, but the Defendant and the Appointor agree to the withdrawal of the lawsuit, and thus, they are dismissed.