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(영문) 서울서부지방법원 2016.02.03 2015가단223971
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Development Project Association whose project area covers approximately 63,231 square meters in Eunpyeong-gu, Seoul, including the site for the real estate indicated in the attached list. The Defendant is the owner of real estate listed in the attached list and is the Plaintiff’s member who applied for parcelling-out within the period of application publicly notified by the Plaintiff.

B. On December 30, 2008 and September 26, 2013, the Plaintiff obtained authorization for the establishment of a management and disposition plan from the head of Eunpyeong-gu Seoul Metropolitan Government, the Plaintiff held a general meeting on July 29, 2014 and passed the agenda, such as “case of the formulation of a management and disposition plan,” etc., and obtained authorization for the management and disposition plan from the head of Eunpyeong-gu Seoul Metropolitan Government on May 7, 2015. The head of Eunpyeong-gu Seoul Metropolitan Government announced the contents of authorization for the management and disposition plan on

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

(a) When the determination of the cause of the claim and the announcement of the authorization of the management and disposal plan under Article 49 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended, and the project implementer

Therefore, the defendant whose use or profit has been suspended in accordance with the notification of the above management and disposal plan is obligated to deliver to the plaintiff who acquired the right to use or profit as the project implementer the real estate listed in the attached list possessed by the

B. As to the defendant's assertion, the defendant's establishment authorization for the plaintiff union is null and void because (1) there is no seal stamp affixed to the plaintiff union's written consent for the establishment of the association and there is a significant and apparent defect that the quorum is a mother and child, and (2) there is no seal stamp affixed to the plaintiff union.

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