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(영문) 서울북부지방법원 2016.07.07 2015가단133980
건물명도
Text

1. The Plaintiff, ① Defendant B received 30 million won from the Plaintiff, and at the same time, Defendant B entered in the attached list.

Reasons

1. Plaintiff’s claim against Defendant B and C

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), the Plaintiff, who is a project executor, obtained authorization from the head of Jung-gu Seoul Metropolitan Government on January 22, 2015. The details of such authorization have been publicly notified at that time (the Jung-gu Seoul Metropolitan Government Public NotificationJ) and the facts, etc. that the Defendants currently occupy each part of the relevant building among the contents of paragraph (1) of this Article, do not conflict between the parties, or can be acknowledged by adding them to the whole purport of each part of the pleadings set forth in subparagraphs A and 8 (

According to these factual relations, barring any special circumstance, the above Defendants whose use or profit-making has been suspended as a lessee pursuant to the above notice of approval of the management and disposal plan are obligated to hand over each of the pertinent parts of the above Defendants to the Plaintiff who lawfully acquired the right to use or profit-making from each of the above buildings

(See Supreme Court Decision 2012Da62561 Decided July 24, 2014, etc.). (See Supreme Court Decision 2012Da62561 Decided July 24, 2014, etc.)

As to this, Defendant B and C asserts as follows:

(1) It is unlawful for the Plaintiff to request the delivery of each of the instant buildings against the said Defendants without going through the conference procedure of the Urban Dispute Mediation Committee, as well as without going through a consultation at least five times pursuant to the “Operation Plan of the Prior Consultative Body” submitted by the Plaintiff to the head of Jung-gu Seoul

(2) The Plaintiff is obligated to establish a "residential and relocation measures for tenants". As a part of this, the said Defendants can comply with each of the instant claims, unless the payment of business loss compensation amount is prior to or simultaneously performed under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Public Works Act") by analogy.

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