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(영문) 서울동부지방법원 2015.05.01 2014가단36932

건물명도

Text

1. The Plaintiff:

A. Defendant A shall have the entire second floor of the building listed in the attached Table 4 and the part without permission indicated in the same list.

Reasons

1. As to the Defendants other than Defendant C

(a) Indication of claims: Each description of the grounds for claims and the changed grounds for claims; and

(b) Defendants A, B, E, F, and G of the applicable provisions of Acts: Articles 208(3)2 and 150(3)(2)(a) of the Civil Procedure Act, Defendant D, H, I: Article 208(3)3 (a) of the Civil Procedure Act;

2. As to Defendant C

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization for the establishment of the head of Seongdong-gu Office on October 9, 2009 for a housing redevelopment improvement project (hereinafter “instant project”) of 49,240 square meters for 100 square meters in Seongdong-dong, Seongdong-gu, Seoul pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On December 21, 201, the Plaintiff obtained authorization for the establishment of the project from the head of Seongdong-gu Office pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; and on February 27, 2014, the head of Seongdong-gu publicly notified the approval for the management and disposal plan pursuant to Articles 48 and 49(2) of the Act.

(2) On February 2014, Defendant C leased and currently occupies a portion (B) of 48.53 square meters in the ship (hereinafter “instant building”) connected with each point of Annex 6, 3, 4, 5, and 6 among the first floor of the building indicated in Annex 2, which belongs to the site for the instant project, from the owner J around February 2014, the lease deposit amount of KRW 10 million from the owner J and the lease term of KRW 24 months from February 20, 2014.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

(b) The housing redevelopment project executor shall remove the existing structures after receiving the approval of the management and disposal plan (Article 48-2 of the Urban Improvement Act), and when the approval of the management and disposal plan is publicly notified, the right holder such as the owner, superficies, leaseer, etc. of the previous land or structure shall be the previous land until the public announcement of transfer is made under Article 54 of the Urban Improvement Act.