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(영문) 서울중앙지방법원 2015.07.02 2014가단5354113
건물명도
Text

1. The Plaintiff:

A. Defendant B received KRW 2,00,000 from the Plaintiff and simultaneously entered in Section 1 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in the area of 33,593 square meters in the Dongjak-gu Seoul Metropolitan Government.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and registered the establishment of the association on August 13, 2010.

C. The Plaintiff received authorization to implement the project on December 7, 201, and the authorization to implement the project on May 30, 2014, respectively. The said authorization to implement the project was publicly notified on June 12, 2014.

Since then, on October 17, 2014, the Plaintiff obtained an amendment to a management and disposition plan, which was publicly notified on October 23, 2014.

The defendants occupy each of the pertinent parts of the real estate listed in the attached list in the project implementation district of the above case by each defendant, from among the real estate listed in the attached list.

(B) The lease deposit of Defendant B is KRW 2 million, the lease deposit of Defendant C is KRW 3 million, the lease deposit of Defendant D is KRW 2 million, the lease deposit of Defendant E is KRW 5 million, and the lease deposit of Defendant E is KRW 5 million). [Grounds for recognition] There is no dispute, each entry in the evidence A1 through 5 (including the serial number) and the purport of the whole pleadings.

2. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the above management and disposal plan is publicly announced, the owners, superficies, lease right holders, etc. of the previous land or buildings lose their rights to use and profit from the lease. Thus, even if the lease term remains, the Defendants are obligated to deliver each of the pertinent

3. Conclusion Claim of the Plaintiff

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