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(영문) 서울북부지방법원 2015.11.19 2015가합940

건물명도등

Text

1. The Plaintiff:

A. Defendant B indicated in the attached Table No. 1, 1,2,3,4.2 among the real estate listed in the attached Table No. 1, 65.09 square meters of the 1st floor.

Reasons

1. Facts of recognition;

A. The plaintiff is a housing redevelopment improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the purpose of housing redevelopment improvement project (hereinafter referred to as the "housing redevelopment project of this case") with the size of 32,729.70 square meters in Dongdaemun-gu Seoul, including the real estate listed in the attached list, as a rearrangement project district including each real estate listed in the attached list, and has obtained authorization for the establishment of the association from the head of Dongdaemun-gu on August 3,

B. Defendant B’s “one real estate less than 12 square meters inboard part of the real estate indicated in the separate sheet No. 1,2,3,4,1 in sequence with each point indicated in the separate sheet No. 1,2,3,4,1 among the real estate listed in the separate sheet No. 65.09 square meters”

) A person who leases and occupies (this house owner is the Plaintiff’s partner E.).

The defendant C is a member who has consented to the establishment of the plaintiff's association, and the defendant C is a "second real estate" in attached Tables 2 and 3.

(c) The Plaintiff is the owner of the instant housing redevelopment project. Around April 9, 2009, the Plaintiff obtained authorization for the implementation of the instant housing redevelopment project from the head of Dongdaemun-gu, and the notification was made on November 24, 201, after obtaining the authorization for the implementation of the relevant housing redevelopment project and the notification thereof, and again obtained the authorization for the implementation of the instant housing redevelopment project from the head of Dongdaemun-gu on July 26, 2013, and the notification was made on August 1, 2013. D. The Plaintiff obtained the authorization for the management and disposal plan for the instant housing redevelopment project from the head of Dongdaemun-gu on April 14, 2014 from the head of Dongdaemun-gu, and the head of Dongdaemun-gu publicly announced the said management and disposal plan on April 17, 2014.

2. Determination

(a) When the authorization of a management and disposal plan prescribed in Article 49 (3) of the Urban Improvement Act is publicly announced, the use and profit-making of the right holders, such as owners, superficies, persons having a right to the previous land or buildings, persons having a right to lease, and lease, shall be suspended, and the project implementer may use and profit-making therefrom;