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(영문) 서울서부지방법원 2017.05.17 2016가단19599
건물명도
Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form 1 List No. 1, 2, 3, 4, 5, 6.

Reasons

1. The Plaintiff, on June 22, 2010, is the Housing Redevelopment and Improvement Project Association which has obtained authorization to establish an association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by designating the Eunpyeong-gu Seoul Metropolitan Government Financial Group as the project implementation district (hereinafter “instant project implementation district”).

The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan on February 25, 2016 for the housing redevelopment improvement project implemented by the Plaintiff, and announced it around that time.

Defendant B is a person who leases and occupies part (A) of 40.58 square meters in the attached Form 1 drawings, among the real estate listed in the attached Table 1 list in the project implementation district of this case (hereinafter “the real estate of this case”), among the land floors listed in the attached Table 1 list (hereinafter “the real estate of this case”), and is a person who leases and occupies part (a) of 1,2,3,4,5,6, and 40.58 square meters in the attached Form 1 drawings, and the Defendant C is a person who successively connects each point of (a) of the attached Form 2 drawings among the first floor of this case, and is a person who leases and occupies part (a) of 48.3 square meters in the ship and is a person who occupies the entire real estate of this case by leasing the

Defendant D is the owner of the real estate of this case who consented to establish an association, and becomes the plaintiff's partner by applying for parcelling-out within the period of application for parcelling-out determined by the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to Article 49(6) of the Act on the Determination of the Plaintiff’s Grounds for Claim, where a management and disposal plan is authorized and such public announcement is made, the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the project implementer shall be able to use or profit from the previous land or building. As

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