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(영문) 서울북부지방법원 2016.10.20 2016가단100604
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C are the real estate listed in [Attachment] No. 5 of the real estate list;

B. Defendant D shall provide attached real estate.

Reasons

1. Claim against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant D

A. Comprehensively taking into account the overall purport of the pleadings in the evidence Nos. 1 through 5, the Plaintiff is a housing reconstruction and improvement project association that has obtained an authorization for establishment 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”) on August 8, 2008, the Plaintiff’s implementation plan authorization on August 25, 201, including real estate listed in the attached Table No. 6 of Real Estate List No. 1, the implementation plan authorization was obtained from the head of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on January 3, 201, the project implementation authorization was obtained on October 17, 2013, and the project implementation authorization was obtained on October 17, 2013, and the alteration and announcement thereof was made on July 30, 2015, and the fact that Defendant D occupied the real estate listed in the attached Table No.

B. According to the above facts, when a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Urban Improvement Act, a right holder, such as the owner, superficies, a person having a right to lease, and a lessee, etc., of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54 of the Urban Improvement Act, and the project implementer shall be able to use or profit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010). Thus, barring any special circumstance, Defendant D, a lessee, has the duty to deliver the real estate listed in paragraph (6) of the attached Table of Real Estate in his/her possession, a developer of the instant reconstruction project, to the Plaintiff, who is the implementer of the instant reconstruction project. 2) As such, Defendant D still remains the lease period of real

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