logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.03 2017가합27246
건물명도(인도)
Text

1. On the Plaintiff (Counterclaim Defendant),

(a) Defendant B shall indicate 1 of the annex No. 1, among the single-story buildings listed in the annex No. 1 list.

Reasons

The Plaintiff was a cooperative established to remove the previous old and inferior buildings on the ground of Dongdaemun-gu Seoul Metropolitan Government D, 37,699m2 (hereinafter “instant rearrangement project zone”) and to implement redevelopment projects to newly build multi-family housing and ancillary welfare facilities on the ground, and was subject to authorization to establish the association on September 2, 2013, authorization to establish the association on September 10, 2015, authorization to implement the project on September 10, 2015, and authorization to implement the management and disposal plan on May 12, 2017, and publicly notified of the approval plan for the management and disposal plan on May 18, 2017.

Defendant B, among the single-storys listed in the annexed Table 1 list in the instant rearrangement project zone, has occupied the area of 26.44 square meters in the ship (A) section, which connects each point of 1, 2, 3, 4, 5, 6, 1, and 26.4 square meters in sequence, among the single-storys listed in the annexed Table 2 list in the instant rearrangement project zone, and the Defendant C occupies the area of 13 square meters in the ship (A) section, which connects each point of 1, 2, 3, 4, and 1.

[Ground for recognition] ① between the Plaintiff and the Defendant: (a) the entry of Article 150(3)(i) of the Civil Procedure Act; (2) between the Plaintiff and the Defendant C; and (c) each entry of Article 150(1) through 6 (including the number of pages; hereinafter the same shall apply) of the entire pleadings; and (d) the Plaintiff has the right to use and benefit from each portion possessed by the Defendants from May 18, 2017, which is the date of the public notice of the approval plan for the management and disposal plan. Therefore, the Defendants are obligated to deliver

Defendant’s assertion on the counterclaim by Defendant C was that the former lessee was engaged in the business by taking over the goodwill premium for commercial buildings and taking over the real estate brokerage office in the instant rearrangement project zone, but it was no longer possible to operate the business due to the redevelopment project, but did not receive appropriate compensation from the Plaintiff.

Therefore, as compensation for business losses, only 100 million won per month from August 3, 2017, and 100 million won as consolation money.

Judgment

Any claim for compensation for business losses.

arrow