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(영문) 서울서부지방법원 2017.05.10 2016가단220412
건물명도
Text

1. Defendant B and C shall deliver to the Plaintiff the buildings listed in the separate sheet.

2. Defendant D shall enter the Plaintiff in the attached list.

Reasons

1. Determination as to the claim against Defendant D

(a)as to the part on Defendant D among the grounds for the attachment to the indication of the claim;

(b) Article 208(3)2 of the Civil Procedure Act, which affected the conclusion of confession.

2. Determination as to claims against Defendant B and C

A. Determination 1 on the cause of the claim 1) The Plaintiff is a housing redevelopment and consolidation project association whose project implementation district covers the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government E.

The head of Mapo-gu Seoul Metropolitan Government approved the management and disposal plan on December 18, 2015 with respect to the housing redevelopment improvement project implemented by the plaintiff, and announced it on December 24, 2015.

B) Defendant B and C are buildings listed in the separate sheet located in the project implementation district (hereinafter “instant building”).

) Co-owners (Defendant B1/2 shares, Defendant C1/2 shares) are co-owners (based on recognition). [In the event there is no dispute, evidence Nos. 1 through 4, and the purport of the whole pleadings) the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, may not use or profit from the previous land or structure until the date of public announcement of transfer.

(Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. According to the above facts, Defendant B and C, the executor of the housing redevelopment improvement project, have the duty to deliver the instant building to the Plaintiff, unless there are special circumstances, due to the public notice of approval of the management and disposal plan.

B. Determination 1 as to Defendant B and C’s assertion is that the compensation received from the Plaintiff from Defendant B and C falls short of the reasonable value of the instant building, and thus, it cannot comply with the Plaintiff’s claim. (2) When the authorization of the management and disposal plan is publicly notified, the right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall be the previous land or structure by the date of the public announcement of relocation under Article 54.

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