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(영문) 서울서부지방법원 2016.02.02 2015가단224189
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership with approximately 63,231 square meters of land in Eunpyeong-gu Seoul Metropolitan Government, including the site for each real estate listed in the attached list. Defendant B is a building indicated in the attached Table No. 1, and Defendant C is an owner of the building listed in the attached Table No. 2 of the attached Table No. 2, who applied for parcelling-out within the period 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 1 to 5 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. When the determination of the cause of the claim and the public notice 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 given, the use and profit-making of the right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use and profit-making have been suspended as the owner of the instant management and disposal plan are obligated to deliver

B. The Defendants’ assertion is that the Defendants submitted a written consent on the establishment of an association by the owners of land, etc. after the application for authorization to establish an association, or that the certificate was supplemented after the application for authorization to establish an association.

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