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(영문) 서울동부지방법원 2015.06.26 2014가단41620

건물명도

Text

1. The Plaintiff:

A. Defendant B and C are as shown in the Attachment

1.A building described in paragraph 4 of the list:

B. Defendant D shall attached Form

1.Paragraph 6.

Reasons

Facts of recognition

In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the Plaintiff obtained authorization for the establishment of a housing reconstruction improvement project (hereinafter referred to as the "project in this case") on February 24, 2009 for the housing reconstruction project of 48,323 square meters in Gwangjin-gu Seoul Special Metropolitan City pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and obtained authorization for the implementation of the project from the head of Gwangjin-gu in accordance with Article 28 of the Act on August 1, 201, and obtained authorization for the management and disposal plan on May 8, 20

On May 15, 2014, the head of Gwangjin-gu notified the management and disposal plan in accordance with Article 49 (3) of the Act.

On March 10, 2006, Defendant B completed the registration of ownership transfer for 35.91/215.46 shares of the building listed in the attached Table 1 list (hereinafter “instant building”) which belongs to the instant project site, and Defendant C together with Defendant C possess the part listed in paragraph (4) of the attached Table 1 list among the instant building.

Defendant D shall complete the registration of ownership transfer with respect to 35.91/215.46 shares among the instant buildings on January 26, 1988, and shall complete the registration of ownership transfer with respect to the instant buildings.

1. In possession of the part indicated in paragraph 6 of the list;

[Ground of recognition] Unsatisfy, Gap 1, 2-1 to 2-3, and the purport of the whole pleadings.

According to the above facts of determination as to the cause of the claim, pursuant to Article 49(6) of the Urban Improvement Act, Defendant B and C are buildings listed in attached Form 4 of the attached Table 1, and Defendant D are attached hereto.

1. There is a duty to deliver each building described in paragraph 6 of the list;

Defendant D and B asserted that the Plaintiff held an extraordinary general meeting for the change of a project implementation plan on November 3, 2014 and changed a project implementation plan. Thus, the Defendants still claim that the above Defendants may continue to use and benefit from the said real estate until the approval of the new management and disposal plan is obtained, but there is no evidence to prove that the change of the project implementation plan was made, and even if so, it is existing.