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(영문) 서울북부지방법원 2016.07.07 2016가단113860
건물명도
Text

1. The Defendant shall deliver to the Plaintiff all the first floor of the real estate listed in the attached list.

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

Reasons

1. Facts of recognition;

A. On December 21, 2007, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing reconstruction project partnership that has obtained authorization for the establishment of the association from the head of Gangseo-gu Seoul Metropolitan Government, the project district under the project district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization for the implementation of the project on December 12, 2008 from the head of Gangnam-gu Seoul Metropolitan Government, and obtained authorization for the implementation of the project on April 16, 2013, and obtained authorization for the management and disposal plan on July 14, 2015. This was

B. The Defendant, as the owner of the building indicated in the attached sheet (hereinafter “instant building”), moved-in report to the head of the household on the building indicated in the attached sheet and occupied the instant building.

C. Meanwhile, the Plaintiff filed a lawsuit against D seeking the implementation of the procedure for ownership transfer registration and the delivery of the building (Seoul Northern District Court 2015dan108052) by exercising the right to demand sale of the building in this case and received a partial winning judgment.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11 (including all of the branch numbers), the purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that when a management and disposal plan is authorized and the notice is made, a right holder, such as the owner or lessee of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54. Thus, in accordance with the public announcement of the approval of the management and disposal plan in this case, the Defendant, as the possessor of the building in this case, whose use or benefit from the building in this case has been suspended, is obligated to deliver all the first floor of the building

B. The defendant himself is only living together with D as a child of D, who is the owner of the building of this case, and is also living together with D and superficies, right of lease, etc. as to the building of this case.

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