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(영문) 서울서부지방법원 2016.10.26 2016가단232569
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, among the buildings listed in the separate sheet, are 26.21 square meters of the ground floor among the buildings listed in the separate sheet.

Reasons

The facts of the parties' assertion and determination are as follows: (a) the Plaintiff’s association is a housing redevelopment and rearrangement project association established to implement the F-Housing Redevelopment and Improvement Project with a size of 62,245.80 square meters in Seoul Mapo-gu as a project implementation district; (b) the Plaintiff’s association received the approval of the management and disposal plan from the head of Mapo-gu on December 8, 2014 pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; (c) on March 12, 2015, the head of Mapo-gu publicly notified the management and disposal plan; (d) the building indicated in the attached list is located within the F-Housing Redevelopment and Improvement Project District; (e) Defendant B is the owner of the building indicated in the attached list; (b) Defendant C is the owner of the building indicated in the attached list; (c) Defendant D is leased from each Defendant B with the 1st 21.78 square meters in the attached list, and (d) the Plaintiff and the Plaintiff Association is liable between the Plaintiff and the Plaintiff and the Plaintiff Association.

According to the above facts of determination as to the cause of the claim, pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Defendant B is obligated to deliver each of the buildings listed in the separate sheet to the Plaintiff; Defendant C is obligated to deliver each of the buildings listed in the separate sheet to the Plaintiff; Defendant C is 26.21 square meters of land among the buildings listed in the separate sheet; and

(1) Defendant B’s defense that the compensation procedure for losses was not completed through a written response on August 4, 2016. However, as seen earlier, as seen in the facts acknowledged earlier, Defendant B’s assertion is not examined separately. In conclusion, the Plaintiff’s claim against the Defendants is reasonable, and thus, it is so decided as per Disposition.

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