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(영문) 서울북부지방법원 2016.09.27 2016가단105265

건물명도

Text

1. The Plaintiff:

A. Defendant B:

1. Attached Form 2 among the real estate listed in the list;

2. Map 8, 9, 10, 11, and 8.

Reasons

1. Determination as to the claim against Defendant C

A. The plaintiff to be indicated in the claim is a reconstruction association, and the defendant occupies it as a lessee of the real estate in question as stated in the order within the housing reconstruction improvement zone, and since the management and disposal plan has been authorized, it is possible to seek the transfer of the above real estate pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas

Article 208 (3) 2 of the Civil Procedure Act, which provides the basis for recognition (self-recrimination)

2. Determination as to the claim against the defendant B

A. (1) The Plaintiff is a housing reconstruction project association established pursuant to the Urban Improvement Act for the purpose of promoting a housing reconstruction project in the area of 68,230 square meters in Seoul Jung-gu D Jung-gu.

(2) The Plaintiff: (a) obtained authorization from the head of Jung-gu Seoul Metropolitan Government head of the Gu on September 4, 2008 to establish the association; (b) obtained the authorization to implement the project on June 21, 2013; and (c) obtained the authorization of the management and disposal plan on January 22, 2015; and (c) the head of Jung-gu Seoul Metropolitan Government head of the Gu announced the management

(3) The defendant is entitled to 1-A of the disposition within the above business area.

A lessee of the real estate stated in the subsection (hereinafter “instant real estate”) is currently possessing the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. According to Article 49(6) of the Act on the Determination of Grounds for a Claim, when the authorization of a management and disposal plan is publicly notified, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.

According to the above facts of recognition, the defendant whose use or profit-making has been suspended as the lessee pursuant to the notice of approval of the above management and disposal plan is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use or profit-making of the real

C. The defendant.