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(영문) 서울중앙지방법원 2016.04.07 2015가합18942

부동산명도 등

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1. The Defendant indicated in the attached Form No. 110.82 square meters of the second floor of real estate in the attached list to the Plaintiff, and indicated in the attached Form No. 1, B, D, E.

Reasons

1. Indication of claim;

A. The Plaintiff is the Dongjak-gu Seoul Metropolitan Government Housing Reconstruction Project Association that completed the registration of establishment on July 2, 2012 after obtaining authorization for the establishment on June 29, 2012 from the head of Dongjak-gu Seoul Metropolitan Government (hereinafter “the head of Dongjak-gu”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to promote the reconstruction of multi-family housing by using the area of 49,062 square meters in the rearrangement zone.

B. The Plaintiff received project implementation authorization from the head of Dongjak-gu on January 13, 2014, and received the authorization for the management and disposal plan on May 14, 2015.

On May 14, 2015, the head of Dongjak-gu announced the management and disposal plan.

C. The Defendant leased and resided from D the part on the ship (No. 301) that connects each point of the attached Form No. 1, b, c, d, e, f, and Ga among the two floors of the real estate listed in the attached Form No. 1 of this case in the rearrangement zone.

The plaintiff acquired the right to occupy and use the previous land or buildings in the rearrangement zone of this case pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas.

E. Therefore, the defendant is obligated to leave the above occupied part to the plaintiff.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);