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(영문) 서울중앙지방법원 2018.08.14 2018가단5003444
건물인도
Text

1. The Plaintiff:

A. Defendant B shall indicate paragraph (2) of the attached Form No. 1, (2), (3), (4), and (4) of the real estate in the attached Form No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff was amended by Act No. 14567, Feb. 8, 2017 to remove worn-out and inferior structures on the ground of 103,479m2 (hereinafter “instant rearrangement project zone”) in Dongjak-gu Seoul Metropolitan Government, and to implement a redevelopment project to newly build apartment houses and ancillary welfare facilities on the ground.

(B) On August 2, 2017, the Plaintiff obtained an approval for the establishment of a housing redevelopment project association from the head of Dongjak-gu Office on July 29, 2010 pursuant to the former Act. The Plaintiff obtained an approval for the establishment of a housing redevelopment project association on August 22, 2017, and announced it on the 24th day of the same month. (B) Defendant B leased and occupied the portion No. 31.7 square meters in attached Form No. 4(a) of the second floor of real estate listed in the attached Table No. 2 in the instant rearrangement project zone, among the two floors of real estate listed in the attached Table No. 1, (2), (3), (4), and (1) of the aforementioned real estate underground floors, and Defendant C leased and occupied the portion No. 31.78 square meters in attached Form No. 1, (a) of the aforementioned real estate underground floors.

2. According to the facts established above, barring any special circumstance, the Defendants are unable to use or profit from the leased real estate pursuant to the provisions of Article 49(6) of the former Act, and their rights are transferred to the Plaintiff, barring any special circumstance, insofar as the management and disposal plan against the Plaintiff regarding the instant rearrangement project zone was authorized. Therefore, the Defendants are obligated to deliver each real estate in possession of

Defendant C alleged that the Plaintiff would deliver the real estate to the Plaintiff and receive the relocation expenses on the face of the State by disposing of the clothes and singkes brought about the real estate in possession of the said Defendant, but the said assertion alone cannot be deemed to have the obligation to take the same measures as the Plaintiff claims.

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