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(영문) 서울동부지방법원 2017.07.07 2016가단30433
임대차보증금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff, but Defendant B is the building indicated in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On November 12, 2003, the Plaintiff entered into a lease agreement with Defendant B on the attached list owned by the Defendant (hereinafter “instant building”) with regard to the lease deposit of KRW 35 million and the lease term of KRW 24 months from December 7, 2003 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with Defendant B on December 12, 200 to terminate the lease regardless of the remainder of the lease term, and thereafter reside after paying the lease deposit.

B. After the establishment of the Defendant CHousing Development and Improvement Project Association (hereinafter “Defendant Association”) for the purpose of implementing the housing redevelopment improvement project for Songpa-gu Seoul and E members including the instant building, the said disposition was publicly announced on August 12, 2013 on the 16th of the same month, and the management and disposal plan was approved on April 27, 2015, and the said disposition was publicly announced on the 30th of the same month.

[Grounds for Recognition] Unsatisfy, each entry in Gap evidence 1 through 4 (including each number), and the purport of the whole pleadings

2. Determination

(a) When the approval of a management and disposal plan for a specific rearrangement project, such as a housing redevelopment project, has been publicly announced, the owners, superficies, persons having a right to lease, lease, 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 Residential Environments (hereinafter referred to as the "Urban Improvement Act"): Provided, That the same shall not apply to a right holder whose consent has been obtained from a project implementer or compensation for losses has not been completed under Article 40 of

(Article 49(6) of the Urban Rearrangement Act. In addition, if it is impossible to achieve the purpose of creation of superficies, chonsegwon, or right of lease due to the implementation of an improvement project, the person who has the right.

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