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(영문) 서울북부지방법원 2016.09.09 2015가단146269
건물명도
Text

1. The Plaintiff:

A. Defendant B is the 76.53 square meters of the second floor of the building in paragraph 1 of the attached Table in the attached list;

B. The defendant C shall list the annexed list.

Reasons

1. Facts of recognition;

A. On August 8, 2008, the Plaintiff was a housing reconstruction maintenance and improvement project association that obtained authorization from the head of Nowon-gu in Seoul Special Metropolitan City on August 25, 201 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in the area of 43,303 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and was authorized to implement a project on August 3, 201, and was authorized to implement a management and disposal plan on January 3, 2013, and was authorized to implement a project on October 17, 2013, and approved and announced the revision of the management and disposal plan

B. Each real estate listed in paragraph (1) of this Article (hereinafter “instant real estate”) is located within the pertinent business area, and the Defendants leased and possess the instant real estate until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination:

A. Determination on Defendant B and D (1) Defendant B: A confession deemed to be made (Article 208(3)2 of the Civil Procedure Act) (Article 208(2)2 of the Civil Procedure Act)

B. According to the above facts of recognition as to Defendant C, when a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Act, a right holder, such as the owner, superficies, a person having a right to lease on a deposit basis, and a lessee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Improvement of Urban Areas and Dwelling Conditions, and the project implementer shall be entitled to use or profit from the former land or structure (see Supreme Court Decision 2009Da53635, May 27, 2010). Thus, barring any special circumstance, the Defendant, the lessee, has the duty to deliver to

As to this, the defendant prepared an institutional device such as the prior consultative body or the Urban Dispute Mediation Committee, and the plaintiff is the same.

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