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(영문) 서울북부지방법원 2016.09.09 2016가단100130
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) 99.90 square meters of a branch floor among the real property listed in paragraph (1) of the attached Table No. 1;

B. Defendant C shall be attached hereto.

Reasons

1. Determination as to claims against Defendant B, C, D, and E

A. The plaintiff is a reconstruction association, and the defendant B, C, D, and E occupy the above real estate lessee as stated in the order of the housing reconstruction improvement zone. Since the management and disposal plan is authorized, it is possible to request the transfer of the above real estate pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").

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

2. Determination as to the claim against Defendant F

A. 1) The Plaintiff is a housing reconstruction maintenance and improvement 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 Jung-gu, Seoul. 2) The Plaintiff obtained authorization from the head of Jung-gu, Seoul, for the establishment of the association on September 4, 2008, the authorization for the implementation of the project on June 21, 2013, and the authorization for the management and disposal plan on January 22, 2015, and the head of Jung-gu, Seoul announced the above management and disposal plan on January 22, 2015.

3) The Defendant’s real estate stated in Section 1-e (e) of the Disposition within the above business area (hereinafter “instant real estate”).

(A) currently possess the real estate of this case as the lessee. [The existence of no dispute over the grounds for recognition, entry of Gap evidence 1 to 6, and the 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 public 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 from the real estate of this case

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