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(영문) 서울남부지방법원 2017.03.14 2016가단222747
건물명도
Text

1. The Plaintiff:

A. Defendant B shall indicate the annexed drawing among the first floor of the real estate listed in paragraph 1 of the attached list, 1 through (0).

Reasons

1. Facts of recognition;

A. The Plaintiff, as a housing redevelopment and rearrangement project association whose project implementation district covers 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government, was subject to the approval of the management and disposal plan on December 10, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified the plan around that time.

B. The Defendants leased and possessed each real estate stated in paragraph (1) of the sector located within the project implementation district.

C. In accordance with the Seoul Special Metropolitan City Local Land Tribunal’s ruling on November 25, 2016, the Plaintiff deposited 50,400,000 won as the deposited money as business compensation on January 10, 2017, and on February 17, 2017, when Defendant B and Defendant B transferred the above occupied portion, the Plaintiff agreed to pay 5 million won as the business compensation amount to Defendant B.

[Ground for Recognition: Facts without dispute, Gap's entries, Gap's 1, 2, 3, 5, 8, 9, 10, 12, Gap's evidence 1-2, and the purport of whole pleadings]

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when a notice of approval of a management and disposal plan is given in an urban rearrangement project, the owners of the previous land or buildings, right holders, such as lessees, etc. shall not use or profit from the land or buildings, and the project implementer shall use or profit from the land or buildings. According to the above facts, the Defendants are obligated to deliver each real estate

Accordingly, Defendant B cannot deliver the occupied portion until the payment of business loss compensation is made. Thus, according to the above facts of recognition, the Plaintiff and Defendant B agreed to deliver the occupied portion first. Thus, Defendant B’s above assertion is without merit.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted in entirety.

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