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(영문) 서울서부지방법원 2016.10.21 2016가단208962
건물인도
Text

1. The defendant shall deliver to the plaintiff the third real estate among the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project by making one of the Mapo-gu Seoul Metropolitan Government C, one of which is 16857 square meters as a project implementation district, and was authorized by the head of Mapo-gu Office on July 26, 2012 after obtaining authorization to implement the urban environment rearrangement project; and the Plaintiff was authorized by the management and disposal plan on July 7

7. 9. The management and disposition plan was publicly announced.

B. The Defendant is the owner and occupant of the third real estate among the real estate listed in the attached list within the project implementation district, and is the member of the Plaintiff Union.

【Unsatisfy-founded fact-finding, Gap 1-1, 1-2, 2-1, 2-2, 2-3, 3-1, 3-2, 3-3, 4-3, 4-5, and the purport of the whole pleadings

2. According to the above facts, after the approval and public notice of management and disposal plans under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the plaintiff who acquired the right to use and benefit from the real estate within the business area, and the defendant who is the member of the business

The defendant asserts to the effect that "All members of the plaintiff union, including the defendant, apply for dissolution of the plaintiff union to the head of Mapo-gu, but the application was rejected, and the plaintiff union filed a lawsuit against the head of Mapo-gu Office for cancellation of the union's dissolution application. If the plaintiff union is dissolved according to the result of the judgment in the above administrative litigation, the defendant suffers irrecoverable damages, and thus the plaintiff cannot respond to the plaintiff's claim until the administrative litigation is completed

Therefore, unless the administrative disposition concerned is null and void due to significant and apparent defects in the administrative disposition of the administrative agency, the administrative disposition is valid until it is legally revoked by the fair and executive power of the administrative act. Furthermore, even if a lawsuit seeking revocation of the administrative disposition concerned is filed against the administrative disposition, the execution of the administrative act concerned is not suspended unless a separate decision for stay of execution is rendered.

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