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(영문) 서울북부지방법원 2016.07.21 2015가단146320
건물명도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the Appendix 1.1;

B. Defendant C shall provide the real estate listed in Appendix 2.

Reasons

1. Claim against Defendant B and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C and F

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Claim against Defendant E

A. According to the evidence Nos. 1 through 5, according to the facts of recognition Nos. 1 and 5, it can be acknowledged that the Plaintiff obtained authorization for the establishment of a housing reconstruction project association on August 8, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is a housing reconstruction project association with the approval of the establishment of the association from the head of Nowon-gu in Seoul Special Metropolitan City under the attached Table No. 4. The project implementation plan was approved on August 25, 201 by the head of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, including real estate listed in the attached Table No. 4., and the management and disposal plan was approved on January 3, 2013. The project implementation plan was approved on October 17, 2013, and approved on July 30, 2015. The fact that the Defendant

B. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, Defendant E, whose use or profit-making has been suspended as the possessor of the real estate listed in the attached Table 4, according to the public notice of the approval of the above management and disposition plan, is obligated to deliver the above building to the Plaintiff who lawfully acquired the right to use or profit from

(see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014).

As to the determination of Defendant E’s assertion, Defendant E asserts that the period of lease was determined and leased as of March 20, 2018 by the owner of the real estate listed in the attached Table 4, around March 2014, Defendant E is not obligated to deliver it until the end of the above lease period. However, as seen earlier, Defendant E’s obligation to deliver the said real estate to the Plaintiff is recognized.

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