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(영문) 서울서부지방법원 2019.01.30 2018가단209693
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Basic facts

A. Co-owners, etc. of 370 square meters in Mapo-gu Seoul Metropolitan Government DD large-scale 370 square meters form a reconstruction association “D reconstruction association” (the purpose of the construction of officetels which is not a house, and without obtaining authorization for the establishment of a reconstruction association as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) in order to remove existing buildings and construct officetels on the said site. The above reconstruction association entered into a reconstruction project agreement with the FF corporation operated by Nonparty E (hereinafter “F”) on May 28, 2003. The main contents were that F was that the implementer of a reconstruction project, who constructed an officetel with only a certain share of the site necessary for the implementation of the project from the said members and constructed an officetel with only the share of the site necessary for the implementation of the project, and then sold the general share except for the share of members

B. Co-owners, etc. of the total area of 1,038 square meters in Mapo-gu Seoul Metropolitan Government form a reconstruction association “G reconstruction association” (hereinafter “each of the instant reconstruction association” in total, including D reconstruction association and G reconstruction association as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the said reconstruction association (representative H) entered into a reconstruction project agreement with F on June 16, 2003, with the same contents as the said D reconstruction association entered into.

C. On June 17, 2003, F applied for a building permit for an officetel (hereinafter “instant officetel”) with the owner of the building, the owner of the building, the Seoul Mapo-gu Seoul Mapo-gu G and four parcels (I, J, D, and K) outside G as the site, and the head of Mapo-gu permitted it on June 28, 2003.

On September 9, 2005, the building permit was changed to H and 45 (excluding L, M, a co-owner of the above I land), and the site was changed to three lots outside Mapo-gu Seoul (J, D, and K).

The reconstruction association above D is F and F on December 12, 2003.

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