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(영문) 서울중앙지방법원 2015.08.21 2014가단5354045
건물명도
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall indicate the attached Form 1. Drawings No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in the area of 33,593 square meters of H in Dongjak-gu Seoul Metropolitan Government.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and registered the establishment of the association on August 13, 2010.

C. The Plaintiff received authorization to implement the project on December 7, 201, and the authorization to implement the project on May 30, 2014, respectively. The said authorization to implement the project was publicly notified on June 12, 2014.

Since then, on October 17, 2014, the Plaintiff obtained an amendment to a management and disposition plan, which was publicly notified on October 23, 2014.

Defendant B, Defendant C, D, E, and G are occupying and using each of the pertinent parts of each of the Defendant listed in the attached list of the project implementation district concerned in the attached list of the real estate in the said project implementation district by lease or loan for use.

[Grounds for Recognition: Each entry of Gap evidence Nos. 1-5 and 11, and the purport of the whole pleadings]

2. Determination

A. When a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Act on the Determination of Grounds for Claim (1) with respect to Defendant B and Defendant C, D, E, and G, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, may not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54 of the Act on the Improvement of Urban Areas and Dwelling Conditions, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts, the above Defendants whose use or profit has been suspended pursuant to the public announcement of the approval of the management and disposal plan, have the duty to deliver each part of the part as stipulated in paragraph (1) of the disposition that he/she occupies to the Plaintiff who acquired the right to use

(2) The above Defendants were to determine the simultaneous performance of the lease deposits of Defendant C, D, E, and G from the Plaintiff.

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