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(영문) 서울서부지방법원 2017.08.31 2017가단205885
건물인도
Text

1. The Defendants shall withdraw from the third real estate listed in the attached list.

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

3...

Reasons

1. ① The Plaintiff is a housing reconstruction and consolidation project association established on November 7, 2007 with authorization from the head of Mapo-gu Seoul Metropolitan Government on November 7, 2007 for the implementation of a housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”) with only 14 lots of land outside Mapo-gu Seoul, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); ② the Plaintiff received authorization for the implementation of the instant rearrangement project from the head of Mapo-gu on December 1, 2015; the authorization for the implementation of the project on September 9, 2016; and the head of Mapo-gu announced the above management and disposal plan on September 13, 2016; ③ The third real estate listed in the attached Table No. 3 (hereinafter “instant building”) located within the instant rearrangement project zone is leased from Mapo-gu and used for residential purposes; the Defendants, as lessees, have no obligation to file a lawsuit against the above parties with the building E, or can be recognized as having no obligation to deliver the building No. 1 to the Plaintiff’s. 2.

2. Defendant B asserted that the term of lease stipulated in the lease agreement between the owner of the instant building and E has not yet lapsed, and that the deposit was not paid, and thus, the Plaintiff’s claim cannot be complied with. However, the lessee who lost the capacity to use and benefit from the instant building due to the authorization and announcement of the management and disposal plan for the instant rearrangement project, regardless of whether the term of lease expires, shall be the Plaintiff.

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