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(영문) 서울서부지방법원 2017.01.10 2016가단228522
건물명도
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. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association which has obtained authorization for the establishment of the Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Mapo District as a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the head of Mapo-gu Seoul Metropolitan Government grants authorization for the housing reconstruction project implemented by the Plaintiff

6. 9. The notice was made.

B. The defendant completed the moving-in report on the real estate in the attached list within the project implementation district and occupies it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, pursuant to Articles 48-2(1) and 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is obligated to deliver the real estate listed in the attached

B. As to this, the Defendant asserted that concluding a lease agreement with the owner of a building on the real estate stated in the attached list is Nonparty D, who is the Defendant’s arbitr, and that D was equipped with equipment of at least 2 million won, such as singing, singke machine, boiler, etc., and operated a wing industry, and that the Plaintiff’s claim cannot be complied with.

Unlike the housing improvement project, residential environment improvement project and housing redevelopment project, a project implementer cannot claim business compensation, etc. in a housing reconstruction project for which the expropriation or use under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not premised, and the above argument is rejected.

3. The plaintiff's claim for conclusion is justified and acceptable.

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