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(영문) 서울동부지방법원 2019.01.23 2018가단112070

건물명도(인도)

Text

1. The Plaintiff, among buildings listed in the attached Table 1’s real estate list:

A. Defendant B all the buildings,

B. Defendant C is one of the first floors.

Reasons

1. Facts of recognition;

A. On July 27, 2011, the Plaintiff obtained authorization for establishment from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the purpose of implementing a reconstruction project for members of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Government (hereinafter “instant project”). On August 3, 201, the Plaintiff is a reconstruction project association which completed the registration of establishment on August 3, 201, and the management and disposal plan on the instant project was approved and publicly notified as of October 18, 2017.

B. Defendant B is the owner of the building indicated in the attached Table 1 list (hereinafter “instant building”) located within the instant project zone, and Defendant C, D, and E is the tenant possessing each corresponding part of the pertinent building as set forth in the attached Table 2, 3, and 4.

(2) The defendants 1 and 6 do not have any clear objection against the defendants. The plaintiff 1 and 6 shall not be deemed to have any clear objection against the defendants. The plaintiff 1 and 6 shall not be deemed to have any clear objection against the defendants.

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Act”) provides that “When a public announcement of a management and disposal plan is made pursuant to Article 78(4), any

Since the management and disposal plan was publicly announced on October 18, 2017 within the business zone, including the instant building, the Defendants cannot use and benefit from the instant building or each of the possession parts of the instant building.

Defendant B is obligated to deliver the instant building to the Plaintiff the remainder of the Defendants’ possession of each of the instant building.

3. As to the assertion of the Defendants C, D, and E, the Defendants approved a project implementation plan on the condition that the Plaintiff would take measures, such as moving expenses to the merchants, and the Plaintiff could not respond to the Plaintiff’s request without any protective measure, but in the case of reconstruction improvement projects, the Act on Urban Improvement.