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(영문) 서울서부지방법원 2017.05.25 2016가단14556
건물명도
Text

1. The Plaintiff:

A. Defendant B is the second floor of the real estate listed in the attached Table No. 2;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C and D

A. Basic facts are: (a) the Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); (b) the head of Eunpyeong-gu Seoul Metropolitan Government approves a management and disposal plan on February 25, 2016 on the housing redevelopment improvement project implemented by the Plaintiff; and (c) the Defendants consented to the establishment of an association as the owner of each relevant building located within the Plaintiff’s project implementation district (hereinafter “instant building,” collectively referred to as “instant building”); and (d) there is no dispute that the Plaintiff becomes a member of the Plaintiff by applying for parcelling-out within the period for application for parcelling-out as determined by the Plaintiff (from May 26, 2015 to July 14, 2015).

B. According to the provisions of Article 49(6) of the Act on the Determination of the Plaintiff’s Grounds for Claim, when 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, cannot 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 can use or profit from the former land or building. Thus, the Defendants whose use or profit has been suspended as the owner under the public announcement of the management and disposal

C. 1) Determination of the Defendants’ assertion as to the payment of liquidation money and simultaneous performance defenses may be made by the Defendants. However, the Defendants filed an application for parcelling-out within the initial period of application for parcelling-out, but thereafter, around September 26, 2016 (after the period of application for parcelling-out expires).

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