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(영문) 서울북부지방법원 2015.08.20 2015가단112488

건물명도

Text

1. The Plaintiff:

A. Defendant B indicated in attached Form B(1) on the ground floor of the real estate in attached Form(1) of the list of real estate.

Reasons

1. Claim against Defendant B and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Claim against Defendant C

A. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 6, the Plaintiff is an association established to implement a A-house redevelopment project with the area of project implementation wherein the size of 5,523 square meters is 5,00 square meters in Dongdaemun-gu Seoul E, Seoul, the establishment authorization was granted on July 4, 2008 by the head of Dongdaemun-gu, and the project implementation authorization was granted on February 27, 2009, and the management and disposal plan was issued on February 3, 2014. On February 6, 2014, the above management and disposal plan was publicly notified, the real estate stated in the list No. 2 of the attached real estate located in the above rearrangement zone is owned by F, and the fact that Defendant C occupies occupies the area of 48.58 square meters in the first floor as a lessee.

B. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “When a management and disposal plan is authorized and the notice is made, a right holder such as the owner, lessee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of the relocation under Article 54.” According to the above facts, since the Plaintiff’s public announcement of the management and disposal plan under the above Act was made, Defendant C, who acquired the right to use or benefit from the land, has a duty to deliver the land or structure of the first floor

C. Therefore, the plaintiff's claim against the defendant C is reasonable, and it is so decided as per Disposition.