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(영문) 서울중앙지방법원 2018.12.19 2018가단5125498
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: each real estate listed in Section 1 of the Schedule of the Attached Real Estate;

B. Defendant C shall provide attached real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained approval for establishment from the head of Gangnam-gu Seoul on October 14, 2003 to remove the previous multi-unit housing, etc. on the ground of the project implementation district, which is located on the ground of the project implementation district, and reconstructs the apartment housing and ancillary welfare facilities (hereinafter “instant project”).

B. Defendant B is a person who leases and occupies each real estate listed in paragraph (1) of the attached list of the real estate located within the Plaintiff’s instant business area, the real estate listed in paragraph (2) of the attached list of real estate, and the Defendant D is a person who leases and occupies each real estate listed in paragraph

(hereinafter referred to as “each of the instant real estates” owned by the Defendants

The Plaintiff obtained authorization for the implementation of the instant project from the head of Gangnam-gu Office, April 28, 2016, from the project implementer, and obtained authorization for the implementation of the project on April 6, 2018.

On the other hand, the head of Gangnam-gu announced the management and disposal plan on April 13, 2018.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 81(1) of the Urban Improvement Act provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4)." Thus, according to the above facts, the defendants, who are lessees of each real estate of this case, can no longer use or benefit from each real estate of this case, and the plaintiff, who is the project operator, can use or benefit from the same.

Therefore, the Defendants are therefore.

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