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(영문) 서울서부지방법원 2016.05.31 2015가단39039

건물명도

Text

1. Defendant B received KRW 43,000,000 from the Plaintiff at the same time from the Plaintiff.

Reasons

1. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

2. Defendant C, D, E, and F: Article 150 of the Civil Procedure Act (Treating as Confession)

3. Defendant B: According to the evidence Nos. 1 through 5, the Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment improvement project in the Eunpyeong-gu Seoul Metropolitan Government G G unit, and the authorization for the establishment of the association on September 15, 2009, and the authorization for the implementation of the project on October 30, 2014, respectively, and the head of Eunpyeong-gu Seoul Metropolitan Government approves and publicly notifies the management and disposal plan on November 19, 2015, and the Defendant B is the lessee who leased and resides in the housing within the said redevelopment and improvement project zone.

The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54.” Thus, the fact that the head of Eunpyeong-gu Seoul Metropolitan Government publicly announced the authorization of the management and disposal plan concerning the instant rearrangement project on November 19, 2015 is as seen earlier, the Defendant B, a lessee of housing located within the zone where the rearrangement project in this case is implemented, is obligated to deliver the said house to the Plaintiff, who is the implementer

Defendant B asserted to the effect that he cannot respond to the Plaintiff’s claim until he receives the refund of KRW 43 million. According to the evidence Nos. 1 through 3, Defendant B held the claim for return of the deposit for lease of a house with KRW 43 million against H. According to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas, the lessee may terminate the lease contract where the purpose of the lease is not achieved through the implementation of the maintenance and improvement project.