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(영문) 서울중앙지방법원 2015.04.30 2014가단5353974

건물명도

Text

1. The Defendant shall deliver to the Plaintiff the 19.8348 square meters of a rooftop among the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in Dongjak-gu Seoul Metropolitan Government C.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and completed the registration of incorporation on August 13, 2010.

C. Since then, the Plaintiff received the authorization to implement the project on December 7, 201 from the head of Gangnam-gu and the authorization to implement the management and disposal plan on May 30, 2014, respectively, and the said authorization to implement the management and disposal plan was publicly notified on June 12, 2014.

In addition, on September 1, 2014, the Plaintiff held a general meeting on September 1, 2014 to present and resolve the case of approval for the amendment of the management and disposition plan, and then obtained the authorization for the amendment of the management and disposition plan from the head of Gangnam-gu Office on October 17, 2014, which was publicly notified on October 23, 2014.

On the other hand, the defendant is occupying and using the attached list of real estate located in the plaintiff's project implementation district by lending or leasing the attached list of paragraph (1).

E. According to Article 49(6) of the Urban Improvement Act, when the above notice is given, the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building loses his/her right to use and benefit from the lease. Therefore, the defendant is obligated to deliver the pertinent real

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;