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(영문) 서울서부지방법원 2017.05.12 2016가단14624
건물명도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. The defendant C shall be the real estate listed in the attached Table 2.

Reasons

[Shooni-2017.04.20 (11:34:18) Documents printed from the judgment search system are prohibited from being used for purposes other than internal duties, and from being leaked]

1. The Plaintiff is a housing redevelopment project partnership which has obtained authorization for the establishment of the association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the Eunpyeong-gu Seoul Metropolitan Government D Japan as a project implementation district.

The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan on February 25, 2016 for the housing redevelopment improvement project implemented by the plaintiff, and announced it around that time.

Defendant B, as the owner of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “real estate No. 1 of this case”) located in the said project implementation district, agreed to establish an association, and becomes the Plaintiff’s partner by applying for parcelling-out within the period of application for parcelling-out as determined by the Plaintiff (from May 26, 2015 to July 14, 2015), and the Defendant C is a person who leases and occupies part (B) of the attached sheet No. 32.7 square meters (hereinafter referred to as “second real estate of this case”) connected in the order of each point among the real estate strata listed in the separate sheet No. 2 in the attached sheet No. 2. 3,3,4,5,6,6, 7, 14, 13, and 2.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 9, Gap evidence 7-1 through 3, the purport of the whole pleadings]

2. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a management and disposal plan is authorized and such public announcement is made, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of public announcement of relocation under Article 54 of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, and the project implementer shall be able to use or profit from the former land or buildings. As seen earlier, the Defendants whose use or profit has been suspended as the owner or lessee pursuant to the public announcement

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