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(영문) 서울중앙지방법원 2019.02.21 2018가단5110540
건물명도(인도)
Text

1. The Defendant falls under the category B of each Defendant described in the attached Table “Indication of the real estate to be extradited to the Plaintiff.”

Reasons

1. As to the claim against the defendant 1 to 7

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against the defendant 8 to 11

(a) The facts below the basis facts do not conflict between the Parties;

(1) The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established for the purpose of housing reconstruction improvement project of 176,496 square meters in Seocho-gu Seoul Metropolitan Government (hereinafter “instant project”).

(2) The above Defendants are tenants possessing each of the instant real estate corresponding to each Defendant’s each of the instant real estate indicated in the indication Section B of the attached Table B, located within the instant business area (hereinafter “each of the instant real estate”). Of them, the deposit for the lease of the pertinent real estate by Defendant I Co., Ltd. is KRW 20,00,000.

(3) On May 10, 2012, the Plaintiff obtained authorization to establish the association from the head of Seocho-gu, and obtained authorization to implement the instant project on July 29, 2013, and received authorization to implement the management and disposal plan on July 13, 2016, and was publicly notified on the following day.

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Real Estate (wholly amended by Act No. 14857, Aug. 9, 2017) provides that “When a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, is publicly notified of a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of the public notification of the transfer under Article 86.” Thus, the Plaintiff obtained authorization of the management and disposal plan concerning the instant project on July 13, 2016 and publicly notified of the management and disposal plan following the following day, the Defendants, the lessee of each of the Defendant’s real estate, can use or benefit from each of the above real estate.

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