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(영문) 서울서부지방법원 2016.02.12 2015가단236717

건물명도

Text

1. The Plaintiff:

A. Defendant B shall be 101 square meters out of 150.94 square meters of the real estate 1st floor listed in the attached Table No. 1 of the attached Table No. 1 of this Decree.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction improvement project association which has obtained authorization for the establishment of a housing project on June 4, 2010 pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the scale of 47,501.4 square meters in Mapo-gu Seoul Metropolitan Government DD as a project implementation district, and is granted authorization for the implementation of the housing reconstruction project on March 27, 2013; the authorization for the implementation of the housing reconstruction project on July 10, 2014; and the authorization for the implementation of the project on April 24, 2015; and was publicly notified (E) on April 30, 2015

B. The Defendants are the tenants of the real estate listed in the separate sheet located in the Plaintiff’s reconstruction project zone, and Defendant B leased and occupied 101 heading 75.47 square meters of real estate No. 150.94 square meters of real estate No. 1 on the 1st floor indicated in the separate sheet (hereinafter “the instant real estate No. 1”). The Defendant C paid the lessor a lease deposit of KRW 10,000,000 to the 59.4 square meters of real estate No. 2 on the 2nd floor listed in the separate sheet (hereinafter “the instant real estate No. 2”).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 8 (including each number), and the purport of the whole pleading

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (when a management and disposal plan has been authorized and such notice has been made, the owner of the previous land or building, the lessee, etc. shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54), the Plaintiff acquired the right to use or benefit from the real estate No. 1 and No. 2 of this case, barring special circumstances, the Defendants are obligated to deliver the said real estate to

B. Defendant C’s assertion asserts that Defendant C cannot deliver the instant 2 real estate before receiving the lease deposit from the Plaintiff.

An objection against the ruling of recommending reconciliation shall be simultaneously implemented by integrating the purport of the entire pleadings in each statement of reference materials.