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(영문) 서울북부지방법원 2016.10.19 2016가단100086
건물명도
Text

1. The Plaintiff:

(a) Defendant B, D, and E are 11.60 square meters of a branch floor among the real estate listed in the attached Table list;

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project association approved by the head of Jung-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 4, 2008.

B. On June 21, 2013, the Plaintiff obtained authorization from the head of Jung-gu Seoul Metropolitan Government, the head of Jung-gu, Seoul Metropolitan Government for the implementation of the project whose enforcement area covers 68,255.8 square meters, and was authorized on January 22, 2015, and was publicly notified of the management and disposition plan on the same day.

C. Within the project implementation district above, Defendant B, C, D, and E occupy 11.60 square meters of geographical layers among the real estate listed in the separate sheet, and Defendant F occupy 69.98 square meters of one story among the same real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Assertion and determination

A. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a management and disposal plan is authorized and publicly announced, the owners, superficies, persons having rights, such as lease holders, etc. of the previous land or buildings may not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54 of the same Act.

According to the above facts, barring any special circumstance, Defendant B, C, D, and E are obligated to deliver each of the real estate listed in the separate sheet to the Plaintiff, the project implementer, and Defendant F, the 11.60 square meters of the branch floor among the real estate listed in the separate sheet, and Defendant F, the 69.98 square meters of the 1st floor among

B. The Defendants’ assertion 1) asserts to the purport that the Plaintiff’s claim is unjustifiable, since the Defendants are pending a lawsuit against the owner of the real estate listed in the separate sheet and the Plaintiff regarding the payment of liquidation money. However, the mere circumstance alleged by the Defendants alone does not allow the Plaintiff to refuse the Plaintiff’s claim for delivery of real estate, and there is no other evidence to acknowledge this. Thus, the Defendants’ assertion is without merit. 2) Defendant C is paid KRW 2 million

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