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(영문) 서울북부지방법원 2016.10.14 2016가단123355
건물명도
Text

1. The defendant received KRW 4 million from the plaintiff and simultaneously received KRW 73.3% of the real estate stated in the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established on August 8, 2008 by the head of Nowon-gu in Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in the area of 43,303 square meters in Seoul Special Metropolitan City

B. The Plaintiff obtained the project implementation authorization from the head of Nowon-gu in Seoul Special Metropolitan City on August 19, 201, and the management and disposal plan authorization on December 201, and publicly notified on January 3, 2013, and publicly notified on July 30, 2015.

C. The Defendant occupies 73.60 square meters of one story among the real estate listed in the attached list in the above business area (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

(a) When a management and disposal plan is authorized and publicly announced pursuant to Article 49 (6) of the Urban Improvement Act, a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 54 of the Urban Improvement Act;

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff as the implementer of the reconstruction project.

B. The defendant asserts that the plaintiff cannot respond to the plaintiff's claim until 4 million won of lease deposit is paid by the plaintiff.

Since there is no dispute between the parties that the Defendant entered into a lease agreement with the lease deposit amount of KRW 4 million with respect to the instant real estate, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 4 million from the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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