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(영문) 서울남부지방법원 2017.05.11 2016가단236418

건물명도

Text

1. The defendant receives KRW 40 million from the plaintiff, and at the same time, the real estate stated in the attached list is stated in the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence 1, 2, and evidence 3-3:

On April 28, 2010, the Plaintiff was authorized by the head of Yeongdeungpo-gu Seoul Metropolitan Government Office to establish a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), which was approved by the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “Urban Maintenance and Improvement Act”), and was approved by the head of Yeongdeungpo-gu Office on March 22, 201

B. On February 17, 2015, the Plaintiff’s Intervenor acquired and owned real estate listed in the separate sheet (hereinafter “instant housing”) owned by E in the said project zone by public sale, and the Defendant leased and resided the instant housing from E on March 16, 202.

2. The plaintiff asserts that the plaintiff of this case is the cause of the claim of this case, and the defendant is obligated to deliver the housing of this case to the plaintiff since it cannot use the housing of this case and profit therefrom pursuant to Article 49 (6) of the Urban Improvement Act by obtaining approval of the management and disposal plan under the Urban Improvement Act.

The defendant is obligated to pay 50 million won out of 60 million won of the lease deposit for the housing of this case. Thus, the plaintiff is obligated to request the delivery of the housing of this case and the simultaneous performance of the lease deposit.

3. Determination

A. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of evidence Nos. 1 to 16 of the evidence admitted prior to the facts of recognition:

(1) On June 15, 1990, E completed the registration of transfer of ownership under its name with respect to the instant house, and the Defendant entered into a lease agreement with E on March 2002 with respect to the instant house, and completed the move-in report at the Fdong Office of Yeongdeungpo-gu Seoul Metropolitan Government on March 16, 2002.