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(영문) 서울서부지방법원 2016.01.15 2015가단232074
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the first floor of the real estate as indicated in paragraph (1) of the attached Table 1, 61.11 square meters;

B. Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction improvement project association which has obtained authorization for the establishment of a housing project on June 4, 2010 pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the total area of 47,501.4 square meters in Mapo-gu Seoul Metropolitan Government as the project implementation district, and is subject to the authorization for the implementation of the housing reconstruction project on March 27, 2013; the authorization for the implementation of the housing reconstruction project on July 10, 2014; the authorization for the implementation of the project on April 24, 2015; and the authorization for the management and disposal plan on April 30, 20

B. The Defendants are the tenants who leased the real estate indicated in the separate sheet in the Plaintiff’s rebuilding project zone prior to the public notice of the above management and disposal plan. Defendant B occupies the real estate No. 61.11 square meters on the first floor listed in the separate sheet No. 1 (hereinafter “the building No. 1”); Defendant C occupies the building No. 2 of the real estate No. 61.11 square meters on the second floor listed in the separate sheet No. 1 (hereinafter “the building No. 2”); Defendant D occupies the third building of the real estate No. 8.10 square meters on the third floor on the real estate No. 1 listed in the separate sheet No. 2 of the real estate No. 1 in the separate sheet No. 2 of the real estate No. 96.81 square meters on the first floor indicated in the separate sheet No. 2 of the real estate No. 3; Defendant E occupies the building No. 48.405 square meters on the part (hereinafter “the building No. 4”).

C. Since Defendant C’s lease deposit is KRW 40 million and the overdue rent of KRW 6.1 million should be deducted, Defendant C’s lease deposit remains with KRW 33.9 million, and Defendant E’s lease deposit claims remain with KRW 20 million.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 8 (including each number), and the purport of the whole pleading

2. Determination

(a) When the management and disposal plans under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents are authorized to determine the cause of the claim, and such public announcement is made, the owner of the previous land or structure, lessee, etc. may use and benefit from the previous land or structure by the date of public announcement of relocation under Article 54

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