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(영문) 서울서부지방법원 2016.11.16 2016가단226236
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

The Plaintiff is a reconstruction association which obtained the authorization of establishment (change) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the head of Mapo-gu on June 26, 2012 by making the area of project of 65,148 square meters in Mapo-gu Seoul Metropolitan City as the project district, and the Plaintiff obtained the approval of the management and disposal plan on June 3, 2016 from the head of Mapo-gu in relation to the above project, which was publicly notified as of June 9, 2016, and the Defendant is a lessee of real estate listed in the attached list located in the business premises as of June 9, 2016. The fact that the Plaintiff is currently occupying

According to Article 49(6) of the Act on the Improvement of Urban and Residential Environments, when the approval of a management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, cannot use or profit from the previous land or building until the date the relocation is publicly announced. Therefore, the defendant, who is the lessee of the building in the improvement

As to this, the defendant did not agree with the establishment of the plaintiff's association, and eventually, the defendant is unable to respond to the plaintiff's claim for delivery before receiving the legitimate purchase price from the exercise of the right to demand sale. However, if the purport of the whole argument is added to the evidence Nos. 5 and 6, the defendant is not the owner of the real estate listed in the separate sheet, and the above argument that the defendant is the owner

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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