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(영문) 서울북부지방법원 2020.12.15 2020가단118046
부동산인도 등
Text

The Plaintiff

(a) Defendant B real estate No. 1 listed in the separate sheet;

B. Defendant C shall set forth in [Attachment List No. 2].

Reasons

1. Plaintiff’s claim against the Defendants

A. 1) On August 31, 201, the Plaintiff obtained approval for the establishment of a project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) as a project implementation district on August 31, 201, and the Plaintiff obtained approval for the establishment of a project pursuant to the same year.

9.6. The registration of incorporation was made.

The head of China-gu announced the Plaintiff on August 13, 2015 the authorization for the implementation of a management and disposal plan on March 12, 2018, and the authorization for the implementation of a management and disposal plan on May 7, 2019 and the authorization for the amendment of a management and disposal plan on May 7, 2019.

5. 9. A public notice of revised management and disposition plans was given.

C) Each real estate listed in the separate sheet is located within the project implementation district. Defendant B is the owner of the real estate listed in the separate sheet No. 1, Defendant C is the lessee of the real estate listed in the separate sheet No. 2, Defendant D is the lessee of the first floor among the real estate listed in the separate sheet No. 3, and Defendant E is the fourth floor occupant of the real estate listed in the separate sheet No. 3. Defendant B is the Plaintiff’s member who filed an application for parcelling-out within the period for parcelling-out designated by the Plaintiff. [Grounds for recognition] Defendant B: each entry of Defendant C, D, E: Defendant C: (including serial numbers), and the purport of the whole pleadings, determination and maintenance and improvement of urban areas and residential environment (hereinafter “Urban Improvement Act”) under Article 81(1) main sentence of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

According to the above provisions, if the management and disposal plan prescribed in Article 81(1) of the Urban Improvement Act is authorized and publicly notified, the former owner's use and profit-making of the object shall be suspended.

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