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(영문) 서울서부지방법원 2016.11.11 2016가단217911

건물인도

Text

1. The Plaintiff:

A. Defendant B: (a) the first real estate listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project by making one of 16,857 square meters in Mapo-gu Seoul Mapo-gu as a project implementation district, and was authorized by the head of Mapo-gu Office on July 26, 2012 after obtaining authorization for project implementation on July 7, 2015;

7. 9. The management and disposition plan was publicly announced.

B. The Defendants are the owners and occupants of each real estate listed in the separate sheet in the said project implementation district, who are members of the Plaintiff Union.

【Unfounded grounds for recognition】 The facts without dispute, Gap 1 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff who acquired the right to use and benefit from the real estate within the business area after the approval and public notice of the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the defendants who are the members of the business area are obligated to deliver each of the real estate

As to this, Defendant B and C asserted to the effect that “A certain of the members of the Plaintiff Union filed an application for dissolution with the head of Mapo-gu Office and returned the application, and the Plaintiff Union filed a lawsuit against the head of Mapo-gu Office for revocation of the application for dissolution of the Plaintiff Union. If the Plaintiff Union is dissolved as a result of the judgment of the above administrative litigation, the Defendants shall incur irrecoverable damages, and thus, the Plaintiff cannot respond to the Plaintiff’s claim until the administrative litigation

Therefore, unless the administrative disposition concerned is null and void due to significant and apparent defects in the administrative disposition of the administrative agency, the administrative disposition is valid until it is lawfully revoked by the fair and executive power of the administrative act, and further, the execution of the administrative act concerned is not executed unless there is a separate decision of stay of execution even if there is a lawsuit seeking revocation of the administrative disposition concerned.