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(영문) 서울동부지방법원 2018.10.25 2018가단111978

건물명도(인도)

Text

1. The Plaintiff, among the buildings listed in the attached list, Defendant B shall transfer the entire building, Defendant C shall transfer the two and three floors to the Plaintiff.

2.

Reasons

1. Facts of recognition;

A. On July 27, 2011, the Plaintiff obtained authorization for establishment from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the purpose of implementing a reconstruction project for D members of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant project”). On August 3, 2011, the Plaintiff was a reconstruction project association which completed the registration of establishment on August 3, 201, and the authorization and notification of the management and disposal plan concerning the instant project as of October 18, 2017.

B. Defendant B is the owner of the building indicated in the attached list (hereinafter “instant building”) located within the instant project zone, and Defendant C is the lessee who leased the two and three floors among the instant building from Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as follows: Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “When a right holder, such as the owner of the previous land or building, has publicly announced a management and disposal plan under Article 78(4), he/she shall not use or profit from the previous land or building until the date the relocation is publicly announced under Article 86.” According to the above acknowledged facts, the notice of management and disposal plan was given as of October 18, 2017 within the business area including the building in this case, so the Defendants were unable to use or profit from the building in this case.

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff, and Defendant C is obligated to deliver each of the second and third floors among the instant building.

As to this, the defendant C asserts that since the second and third floors of the building of this case occupy the F and New Cities of E religious Organizations F and F, which are not the defendant C, the defendant C shall file a lawsuit against F and New Cities. ② Since the lease contract with the defendant B was implicitly renewed and extended on August 18, 202, the lease term of the building with the defendant C is extended by August 18, 202, the defendant C cannot respond to the plaintiff's request.

First of all, according to the health unit and the lease contract (No. 1 and No. 2) with regard to the part of paragraph (1), the second and third floors of the building in this case are included.