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(영문) 서울서부지방법원 2015.05.06 2014가단238365
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers the Eunpyeong-gu Seoul Metropolitan Government Underground Floor No. 1 141.88 square meters;

(b) Defendant C, D, E,.

Reasons

1. Facts of recognition;

A. The Plaintiff is a maintenance and improvement project association established to implement a housing redevelopment project whose project implementation district covers 37,697 square meters in Eunpyeong-gu Seoul Metropolitan Government, and was authorized to establish an association on April 10, 2008 by the head of Eunpyeong-gu Seoul Metropolitan Government, the authorization to implement the project on July 10, 2012, and the authorization to implement the management and disposal plan on October 8, 2013. The head of Eunpyeong-gu announced the details of the authorization to implement the management and disposal plan on October 17, 2013.

B. Defendant B is a member who owns and resides in Eunpyeong-gu Seoul Metropolitan Government Residential Building No. 1, 141.88 square meters, located in the Plaintiff’s rearrangement zone, and applied for parcelling-out to the Plaintiff within the period of application for parcelling-

C. Defendant E is the lessee who leased and resides in Eunpyeong-gu Seoul Metropolitan Government H No. 201, 84.84m2, and Defendant C and D are the parents of Defendant E, who reside together.

Defendant F is a lessee who has leased one square meter among H No. 201 of Eunpyeong-gu Seoul Metropolitan Government H No. 201 and 84.84 square meters and resides therein.

On March 27, 2015, the Plaintiff deposited KRW 6,429,053 (i.e., relocation cost of KRW 6,035,528) (i.e., relocation cost of KRW 393,525), and on March 31, 2015, Defendant E deposited KRW 14,319,360 (i.e., relocation cost of KRW 13,65,70, KRW 653,660).

(Seoul Western District Court 2015No. 1113. [Grounds for Recognition] Gap 1 through 15. Each entry and the purport of the whole pleadings

2. Determination

(a) Cause of claim: (i) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54 when the approval of management and disposal plan is publicly announced; and (ii) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) shall not apply to the previous land

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