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(영문) 서울서부지방법원 2016.09.28 2015가단35860

건물명도

Text

1. The Plaintiff, Defendant B, and Defendant B, respectively, indicated in the separate sheet No. 3, 4, 5, 6, and 3 among the real estate 1 floors listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment and rearrangement project with the Eunpyeong-gu Seoul Metropolitan Government Financial Group as a project implementation district

The head of Eunpyeong-gu Seoul Metropolitan Government approved the establishment of the association on December 18, 2007, the authorization for the implementation of the project on October 10, 2014, and the management and disposal plan on September 17, 2015, and publicly announced the plan.

B. Each real estate listed in the separate sheet is located in the project implementation district above.

C. Defendant B, among the real property listed in the separate sheet No. 1, connects each point of (A) part 18.57 square meters in sequence among the items in the annexed sheet No. 3, 4, 5, 6, and 3 among the real property listed in the annexed sheet No. 1; Defendant C, in sequence, connects each point of (b) part of the attached sheet No. 2, 3, 6, 7, and 2 among the real property listed in the annexed sheet No. 1, and Defendant D, in sequence, connects each point of (b) part of the attached sheet No. 2, 3, 8, 9, 2 among the real property listed in the annexed sheet No. 1 list No. 1, and Defendant B, in sequence, leases each part of (a) part of the attached sheet No. 3, 4, 9, 10, and 3 among the 3 floors listed in the annexed sheet No. 1, and each part (c) 18.36.

[Grounds for Recognition] : Confession

2. According to the above findings of determination, the Defendants, the lessees of each real estate listed in the attached list within the rearrangement project zone of the Plaintiff Union pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, lost their right to use and profit from the real estate, and the Plaintiff Union acquired the right to use and profit from the real estate for the implementation of the rearrangement project, barring special circumstances, are obligated to deliver the portion of the land occupied and used.

3. Thus, the plaintiff union's claims against the defendants are justified and it is so decided as per Disposition.