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(영문) 서울북부지방법원 2015.06.25 2014가단132348

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in paragraph 1 of the annexed list of real estate;

B. Defendant C is from the Plaintiff 15.

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each statement of evidence Nos. 1 through 9, and evidence Nos. 16 through 18.

The Plaintiff is an association established for the purpose of implementing a housing redevelopment project with the size of 28,01 square meters of Seoul Dongdaemun-gu Seoul Metropolitan Government D Day as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was subject to the authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on January 6, 2009, the authorization to establish the association on November 10, 201, the authorization to implement the project on November 10, 201, and the authorization to implement the management and disposal plan on March 7, 2013, and

B. Meanwhile, Defendant B leased from E the real estate listed in paragraph (1) of the attached list of real estate located within the said rearrangement project implementation zone (hereinafter “paragraph (1)”) and occupied until now.

C. In addition, on September 28, 2010, Defendant C leased the lease deposit of KRW 25 million, and KRW 300,000,000,000,000 in monthly rent, among the real estate listed in paragraph (2) of the attached Table No. 2 of the real estate in the said improvement project implementation zone (hereinafter “paragraph (2)”) from F, to the present day. On January 2, 2012, the lease deposit was KRW 15 million, and the monthly rent was changed to KRW 40,000.

On April 29, 2015, the Plaintiff deposited KRW 699,141 as the principal deposit, and KRW 833,149 as the principal deposit, and KRW 833,149 as the director’s deposit.

2. Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor provides that “When a management and disposal plan is authorized and the public notice thereof has been given, a right holder, such as the owner, lessee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the public notice of relocation has been given in accordance with Article 54: Provided, That this shall not apply to a right holder whose land or structure has not been completed with the consent of a project operator

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