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(영문) 서울북부지방법원 2016.07.19 2016가단105708
건물명도
Text

1. The Plaintiff:

A. Defendant B shall list the annexed sheet

1. To enter real estate:

B. The defendant C shall list the attached list

2. The stated real estate.

Reasons

1. Facts of recognition;

A. The plaintiff is a housing reconstruction and improvement project association which has obtained approval for the establishment of the association from the head of Nowon-gu in Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Attached list of the Plaintiff

1. 2. The project implementation authorization was obtained from the head of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on August 25, 201, the management and disposal plan was approved on January 3, 201, the project implementation authorization was obtained on October 17, 2013, and the project implementation authorization was issued on July 30, 2015.

(c) Attached List;

1. 2. Each of the real estate mentioned above is located in the business area of the plaintiff, and the defendant B is in the attached list.

1. The real estate recorded, and the defendant C shall be listed in the annexed sheet;

2. The lessee of the mentioned real estate shall possess it separately; and

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. When a management and disposal plan is authorized and publicly announced pursuant to Article 49(3) of the Act on the Determination of Grounds for Claim, the use and profit-making of the right holder, such as the owner, superficies, person holding a right to lease on the previous land or buildings, and the lessee, etc., shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, the Plaintiff is the project implementer for whom the approval and public notice of

1. The real estate recorded, and the defendant C shall be listed in the annexed sheet;

2. Since the Defendants possess each real estate mentioned above, they are obligated to deliver the pertinent real estate to the Plaintiff who acquired the right to use and profit therefrom.

3. Judgment on the defendants' assertion

A. The Defendants’ assertion regarding the Defendants is justified in compensation for business loss from the Plaintiff.

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