logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.11.15 2019가단136189
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers two floors of the real estate listed in the attached list;

B. Defendant D shall list attached hereto.

Reasons

1. Grounds for and determination of the claim

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to improve urban and residential environments on land in Seongdong-gu Seoul, Seongdong-gu, Seoul, with the approval for the establishment of the association on November 16, 2007; the authorization for the establishment of the association on January 12, 2017; and the authorization for the implementation of the management and disposal plan on July 6, 2018.

Defendant B is the lessee who has leased each of the two floors (hereinafter referred to as “second-class real estate”) among the real estate listed in the attached list in the above improvement project zone, and Defendant D is the 23.04 square meters of the portion on the ship (a) which connects each point of 1, 2, 3, 6, and 1 of the attached drawings among the land floors of the real estate listed in the attached list in the attached list in the same zone.

On the other hand, Article 81 (1) of the Urban Improvement Act provides that when the public notice of the approval of the management and disposal plan under Article 78 (4) is given to the owner, superficies, leaseer, etc. of the previous land or building, the former land or building shall not be used or profitable by the date of the public notice of transfer under Article 86.

B. According to the above facts of recognition, the defendants lose their right to use and benefit from each of the above buildings in accordance with the public notice of the management and disposal plan, and thus are obligated to deliver the above buildings to the plaintiff

(c) Defendant B: Each of the entries and arguments set forth in Party B’s evidence Nos. 1 through 3 (including a branch number), Defendant D: Article 208(3)2 of the Civil Procedure Act (abstinence judgment)

2. Accordingly, in conclusion, Defendant B is obligated to deliver the first real estate, and Defendant D is obligated to deliver the second real estate, and all the Plaintiff’s claims against the Defendants are justified.

arrow