logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.13 2015가단131830
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) 66.51 square meters of ground floor among the real estate 1 listed in the attached Table 1 list;

B. Defendant C is attached Form 1.

Reasons

1. Basic facts

A. On September 4, 2008, the Plaintiff was a reconstruction improvement project association that obtained authorization from the head of Jung-gu Seoul Metropolitan Government on September 21, 2013 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was authorized to implement a housing reconstruction project on January 22, 2015, and the head of Jung-gu Seoul Metropolitan Government announced it on the same day.

B. Each real estate listed in the separate sheet is within the above business area, and the defendants are subject to the disposition No. 1.

(a)bee;

It has been occupied until now on the lease of each real estate described in the paragraph.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. The judgment of the defendant F, G, H, and I on this safety defense as the non-party K and L's family members who are the owners of the second real estate listed in the Schedule No. 1 attached hereto.

(f)bee;

Since each of the real estate mentioned in paragraph (1) occupies as a possession assistant, the instant lawsuit filed against the said Defendants, which is the possession assistant, is unlawful.

However, in a lawsuit for performance such as the claim in this case, since a person who was designated as a performance obligor by the plaintiff naturally has the qualification as the defendant, the above defendants' defense of principal safety is without merit.

3. Judgment on the merits

A. (1) According to the facts acknowledged prior to the determination as to Defendant D, F, G, H, and I of the judgment as to the cause of the claim (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act), when the management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Urban Improvement Act, the holder of a right, such as the owner, superficies, leaseer, 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 the relocation under Article 54 of the Urban Improvement Act, and the project implementer may not implement the project.

arrow