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(영문) 서울북부지방법원 2015.04.02 2014가단30152

부동산인도

Text

1. The Plaintiff, Defendant B, and Defendant C, real estate listed in attached Table No. 1, and real estate listed in attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction improvement project association that obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on July 23, 2007 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in Dongdaemun-gu Seoul Metropolitan Government D.

B. The Plaintiff received project implementation authorization on March 23, 2009, and obtained authorization from the head of Dongdaemun-gu Seoul on December 16, 2014, and the head of Dongdaemun-gu Seoul Dongdaemun-gu publicly announced it on the same day.

C. On June 3, 2014, the buildings listed in the attached list are located in the above business area, and were owned by Nonparty E, and the ownership transfer registration was completed in the Plaintiff’s future.

1) The Defendants’ lease and possession status 1) Defendant B’s real estate indicated in attached Table 1 (hereinafter “instant second floor”) from E on August 4, 2011.

(2) From March 1, 2009 to March 2011, Defendant C leased and occupied the real estate listed in attached Table 2 (hereinafter “the instant sub-story”) from E on March 1, 2009 to March 20, with the lease term of 24 months from August 4, 2011, the lease deposit of 200,000 won, and the monthly rent of 400,000 won.

At the time, Defendant C stipulated that “At the time of moving to the reconstruction area without any condition, regardless of the terms of the contract” between Defendant C and E as a special agreement.

3) Each of the above lease agreements has been implicitly renewed. E. On the other hand, around June 16, 2014, after the Plaintiff acquired ownership of the above building, Defendant B notified Defendant B of his/her intent to refuse to renew the lease agreement of the second floor of this case by implementing a reconstruction project, and requested the transfer of the second floor of this case by August 4, 2014, which is the day following the expiration of the lease term. [In the absence of any dispute over recognition, Gap’s evidence 1 and 4, evidence 1, 2, and evidence 5-1, 5-2, and evidence 6 through 8].