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(영문) 서울북부지방법원 2017.07.20 2017가단100311
건물명도(인도)
Text

1. The defendant shall provide the plaintiff with the indication of the attached drawings in the attached list No. 1 floor, b, c, d, g, and Ga among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On August 23, 2010, the Plaintiff is a Housing Redevelopment Improvement Project Association which obtained approval to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the head of Dongdaemun-gu Seoul Metropolitan Government, whose business area covers 12,915 square meters.

B. The Defendant is a lessee of the portion ① of the instant building, which is 49.19 square meters in the ship that connects each point of the real estate listed in the separate sheet owned by the Plaintiff’s member D (hereinafter “instant building”), among the real estate listed in the separate sheet owned by the Plaintiff’s member (hereinafter “instant building”), and is occupying and using the instant building, and the said building is located within the said business area.

C. The head of Dongdaemun-gu Seoul Metropolitan Government authorized the management and disposition plan on May 26, 2016 to the Plaintiff, to approve the project implementation authorization, to revise the project implementation authorization, and to publicly notify it on the same day (hereinafter “public notice of the management and disposition plan of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-3, 5-1, 6, and 7-1, 6, and the purport of the whole pleadings

2. Determination

A. When a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced as to the cause of the claim, the use and profit-making of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use and profit-making of the building of this case in accordance with

B. (1) The defendant's assertion is the lessee of the building of this case, but Seoul, which is the site of the building of this case.

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