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(영문) 서울북부지방법원 2019.02.11 2018가단7594

건물인도

Text

1. The Plaintiff:

A. Defendant B is marked 1, 2, 5, 6, 1 of the attached Form 1 among the three floors of the real estate listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the head of Gangseo-gu Seoul Metropolitan Government as the project implementation district, with the area of H 60,263 square meters located.

B. The Defendants are the respective lessees and the occupying users of each real estate stated in the Disposition No. 1 located in the project implementation district.

C. The head of Gangnam-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation authorization on December 20, 2013; the project implementation authorization on May 27, 2016; and the authorization on the management and disposal plan on December 29, 2017 (hereinafter “the instant management and disposal plan”); and the announcement on January 12, 2018.

[Reasons for Recognition]

(a) Defendant B, C, E, F, and G: Confession (Article 208(3)2 and the main sentence of Article 150(3) of the Civil Procedure Act);

(b) Defendant D: Facts without any dispute, Gap evidence 1 through 4, evidence 5-1, 5, and 7, and the purport of the whole pleadings;

2. Determination

A. When a public notice of the management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given to the cause of the claim, the use and profit-making by the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use and profit-making in accordance with the public notice of

B. Defendant D’s assertion asserts that Defendant D cannot respond to the Plaintiff’s claim before receiving appropriate compensation due to lease deposit, moving expenses, and increase in surrounding market prices.

The right of Defendant D to return the lease deposit to the lessor, or to receive moving expenses or compensation for losses from the plaintiff.