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(영문) 서울북부지방법원 2016.04.08 2015가단132055
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) 98.34 square meters of geographical layers among the real estate listed in the separate sheet;

B. Defendant C shall list attached hereto.

Reasons

1. Determination as to the claim against Defendant C and D

A. The plaintiff is a reconstruction association, and the defendant C and D occupy it as the lessee of the real estate in question as stated in the order within the housing reconstruction improvement zone. Since the management and disposal plan has been authorized, it is possible to seek the delivery of the pertinent real estate pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").

Article 208 (3) 2 of the Civil Procedure Act, which provides the basis for recognition (self-recrimination)

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff is a housing reconstruction maintenance and improvement project association established pursuant to the Urban Improvement Act for the purpose of promoting a housing reconstruction project in the area of 68,230 square meters in Jung-gu, Seoul. 2) The Plaintiff: (a) the head of Jung-gu, Seoul, the head of the Gu of Seoul, for the purpose of approving the establishment of the association on September 4, 2008; (b) the authorization for the implementation of the project on June 21, 2013; (c) the authorization for the management and disposal plan on January 22, 2015; and (d) the head of Jung-gu, Seoul

3) The Defendant’s real estate stated in Section 1-A (hereinafter “instant real estate”) within the above business area.

(3) At the time of the possession of the real estate in this case as a tenant. [Grounds for recognition] The existence of no dispute, Gap evidence Nos. 1 through 5 (each entry, including each number, and the purport of the whole pleadings)

B. According to Article 49(6) of the Act on the Determination of Grounds for a Claim, when the authorization of a management and disposal plan is publicly notified, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.

According to the above facts, the defendant whose use or profit has been suspended as the lessee pursuant to the public notice of the approval of the above management and disposal plan shall deliver the real estate of this case to the plaintiff who acquired the right to use or profit from the real estate of this case as the

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