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(영문) 서울서부지방법원 2015.12.16 2015가단202165
건물명도
Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C is KRW 60 million from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was authorized to establish an association on November 2, 201, and completed the establishment registration on the fourth day of the same month in order to implement the housing reconstruction improvement project (hereinafter “instant rearrangement zone”) in Seoul Mapo-gu I Group (hereinafter “instant rearrangement zone”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On December 10, 2014, the Plaintiff Union obtained the authorization of the management and disposal plan (amended) from the head of Mapo-gu Office, and on December 18, 2014, the said management and disposal plan was publicly notified.

C. All the real estate listed in the separate sheet are within the rearrangement zone in this case. Defendant B is the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the annexed sheet No. 6; Defendant D is the real estate listed in the annexed sheet No. 7; Defendant E is the real estate listed in the annexed sheet No. 14; Defendant F is the real estate listed in the annexed sheet No. 15; Defendant G is the real estate listed in the annexed sheet No. 17; and Defendant H is the leased

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12, the whole purport of pleading

2. The parties' arguments and the judgment of this court

A. The Plaintiff is seeking delivery of each possession portion against the Defendants.

When the management and disposal plan is announced, in principle, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54 of the Urban Improvement Act.

(Article 49(6) main text of the Act on the Maintenance and Management of Urban Areas and Dwelling Conditions for the instant project was publicly announced on December 18, 2014, barring any special circumstance, the Plaintiff, barring any special circumstance, on the following grounds: Defendant B’s real estate listed in the attached Table 1; Defendant C’s real estate listed in the attached Table 6; Defendant D’s real estate listed in the attached Table 7; Defendant E’s real estate listed in the attached Table 14; Defendant F’s real estate listed in the attached Table 15

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