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(영문) 서울중앙지방법원 2016.05.18 2015가단5302904 (1)

건물명도

Text

1. The Plaintiff:

A. Defendant B: attached Form 1. The real estate stated in attached Form 1.

B. Defendant C shall have an underground room of the real estate stated in attached Form 2.

Reasons

1. Facts of recognition;

가. 원고는 서울 관악구 D 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합으로, 2009. 11. 12. 서울 관악구청장으로부터 사업시행인가를, 2014. 5. 22. 사업시행변경인가를 각 받고, 2015. 2. 17. 도시 및 주거환경정비법(이하 ‘도시정비법’이라 한다) 제49조 제2항에 의하여 관리처분계획을 인가받았으며, 서울 관악구청장은 같은 날 도시정비법 제49조 제3항에 의하여 관리처분계획을 고시하였다.

B. On June 2, 2011, Defendant B leased the real estate indicated in attached Form 1. located within the said rearrangement project implementation zone from E, a member of the Plaintiff.

Upon entering into a lease agreement on the above real estate, Defendant B agreed to the special agreement that “The lessee shall immediately order the time of redevelopment to move without any condition.”

E requested Defendant B to leave the real estate on December 29, 2015, and from December 2013, on the ground that the monthly tax was overdue.

C. On March 23, 2013, Defendant C leased underground rooms among the real estate listed in attached Form 2, located within the said improvement project implementation zone from F, a member of the Plaintiff’s association.

When the Defendant C entered into a lease agreement on the said real estate, the Defendant C agreed to enter into a special agreement that “If the development becomes final and conclusive at the same time, it shall be deemed a director without objection.”

[Reasons for Recognition] The descriptions of Evidence Nos. 1 through 3, Evidence Nos. 4-1, 3, and 6-2, 4, 7, 8, 11, 12, 13-1 and 14, and the purport of the whole pleadings

2. When the approval of a management and disposal plan is publicly notified pursuant to Article 49(3) of the Act, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the said Act, and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The head of Gwanak-gu Office pursuant to Article 49(2) and