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(영문) 서울서부지방법원 2018.12.19 2018가단224579
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On December 10, 2007, the Defendant filed an application for special supply of rental housing with the head of Mapo-gu in accordance with the “Public Notice of the Standard Date for Countermeasures for Relocation of Urban Planning Project” with the purport that the Mayor of Seoul Special Metropolitan City would grant the tenants the special right to supply rental housing or the right to move housing within the implementation zone of the urban planning project for removal of B apartment, C apartment,

B. After being notified by the head of Mapo-gu of the determination of the person eligible for special supply of rental housing, the Plaintiff entered into a rental housing lease agreement with the Defendant on November 20, 2008 on the real estate listed in the separate sheet (hereinafter “instant apartment”) and had the Defendant move into the said apartment.

C. Since then, tenants who entered into an occupancy agreement with the Plaintiff including the Defendant (hereinafter “the instant tenants”) may file an administrative litigation against the Seoul Special Metropolitan City on March 5, 2009 seeking payment of housing relocation expenses.

7.3 On the 29th day of the same month, a favorable judgment was rendered and the above judgment became final and conclusive as it is.

(Seoul Administrative Court 2009Guhap8465). On July 17, 2009, the Mayor of Seoul Special Metropolitan City notified the tenants of this case that the right to move into a rental house is not revoked or recovered, and that the right to move into a rental house is not revoked if he/she clearly expresses his/her intention to waive the moving into a rental house in writing.

The tenants of this case received all housing relocation costs according to the above judgment.

The plaintiff was notified by the Mayor of Seoul Special Metropolitan City and notified some tenants of the cancellation of the supply of rental housing and the return of the rental housing accordingly (hereinafter referred to as "related recovery").

Accordingly, the tenants of this case against the plaintiff on August 27, 2009 and Seoul Special Metropolitan City, confirm that they have the right to move into the rental housing.

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