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(영문) 서울동부지방법원 2018.09.13 2018가단103144
건물명도(인도)
Text

1. The Defendant indicated on the attached list No. 1 drawings among the branch floors of the building indicated in the attached list to the Plaintiff, and is in terms of the following: 1.

Reasons

1. Facts of recognition;

A. On July 27, 2011, the Plaintiff obtained authorization for the establishment of a reconstruction project for the Seoul Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Gwangjin-gu Special Metropolitan City Special Metropolitan City (hereinafter “instant project”). On August 3, 201, the Plaintiff is a reconstruction project association which completed the registration of establishment on August 3, 201, and the instant management and disposal plan was authorized and announced as of October 18,

B. The Defendant is a tenant who occupies the part written in the purport of the claim among the buildings indicated in the attached list located within the instant project zone (hereinafter “the part occupied by the instant building”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as follows: Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides, “When a right holder, etc. of the previous land or building gives public notice of a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of public notice of relocation under Article 86.” According to the above facts, the public notice of the management and disposal plan was given as of October 18, 2017 in the project zone including the building in this case, so the Defendant cannot use or benefit from the building in this case, and therefore, the Plaintiff is obligated to deliver the land occupied in this case to the Plaintiff.

As to this, the defendant asserts that the plaintiff should deliver the building by not later than 10 days prior to the removal of the building. However, as alleged by the defendant, the plaintiff's request for extradition cannot be refused solely on the ground that

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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