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(영문) 서울북부지방법원 2016.04.19 2015가단133973
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) Of the real estate No. 1 listed in the attached Table No. 2101, No. 51.78 square meters; (b)

(b) the defendant.

Reasons

Determination as to claims against Defendant B, C, F, and D

A. The plaintiff is a reconstruction association, and the above defendants occupy it as the lessee of the real estate as stated in the order within the housing reconstruction zone. Since the management and disposal plan has been authorized, they seek to transfer 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").

applicable provisions of law - Judgment by each confession (Article 208(3)2 of the Civil Procedure Act) - Defendant D: Decision by service of publication (Article 208(3)3 of the Civil Procedure Act) as to a claim against Defendant E

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction 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 of land in Jung-gu Seoul Metropolitan Government I.

B. The Plaintiff was authorized by the head of Jung-gu Seoul Metropolitan Government to establish an association on September 4, 2008; the authorization to implement the project on June 21, 2013; and the authorization to implement the management and disposal plan on January 22, 2015; and the head of Jung-gu Seoul Central Government announced the management and disposal plan on January 22, 2015.

C. On August 21, 2012, the Defendant is ordered from J to order 1-D in the project area.

The real estate stated in the subsection (hereinafter referred to as the “instant real estate”) is leased with a lease deposit of KRW 5 million and monthly rent of KRW 300,000,000, and is currently possessing the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

(a) When the approval for the management and disposal plan is publicly notified, any right holder, such as the owner, lessee, etc. of the previous building shall not use or benefit from the previous land or building until the date the relocation thereof is publicly notified (Article 49(6) of the Urban Rearrangement Act); if it is impossible to achieve the purpose of creation of superficies, chonsegwon, or lease due to the implementation of an improvement project, the right holder may terminate the contract; and

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