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(영문) 서울동부지방법원 2018.11.22 2018가단113301
건물명도(인도)
Text

1. Of the buildings listed in the Appendix 1 List, the Plaintiff:

A. Defendant B all the buildings,

B. Defendant C is a branch, C.

Reasons

1. Claim against Defendant D and E

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant B and C

A. (1) Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a reconstruction project association with approval for the establishment of a partnership on July 27, 201 with the approval from the head of Gwangjin-gu Seoul Special Metropolitan City Office on August 3, 201, for the purpose of implementing a reconstruction project for the Fow in Seoul Special Metropolitan City (hereinafter “instant project”).

(2) On September 20, 2012, the head of Gwangjin-gu approved the Plaintiff’s implementation of the instant project and publicly notified the details thereof on September 27, 2012, and on October 18, 2017, the head of Gwangjin-gu approved the management and disposition plan formulated by the Plaintiff regarding the said project and publicly notified the details thereof.

(3) Defendant B is the owner of the real estate indicated in the attached list of real estate located within the implementation zone of the housing redevelopment project under the above management disposal plan (hereinafter “instant building”), and Defendant C occupies the instant building as the lessee of the story of the instant building among the instant buildings.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including each number in the case of additional number), the purport of the whole pleadings

B. We examine the determination of the cause of the claim, and Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the owner, etc. of the previous land or building may not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86 when the public announcement of the management and disposal plan under Article 78(4) is made." According to the above facts, the public announcement of the management and disposal plan was made as of October 18, 2017 in the business area including the building in this case, so the defendants cannot use or benefit from the building in this case, and therefore are obligated to deliver the building in this case to the plaintiff.

As to this, Defendant B is the tenant and the tenant.

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