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(영문) 서울북부지방법원 2019.01.24 2018가단7501

건물인도

Text

1. The Plaintiff:

(a) Defendant B shall have the branch floor among the real estate listed in the separate sheet No. 1;

B. The defendant C shall list the annexed list No. 2.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval from the head of Gangnam-gu Seoul Metropolitan Government to establish a project district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents by setting the size of 60,263 square meters as the project district.

B. The Defendants are the owners or lessees of each real estate indicated in the Disposition No. 1 located in the project implementation district, and are the occupants or lessees of the said real estate.

C. On December 20, 2013, the head of Gangnam-gu Seoul Northern District Office publicly announced the authorization to implement the project on December 20, 2013, publicly announced the authorization to revise the project implementation on May 27, 2016, and authorized the management and disposition plan on December 29, 2017 (hereinafter “instant authorization to implement the management and disposition plan”), and publicly announced it on January 12, 2018.

On the other hand, on December 5, 2017, prior to the commencement date of expropriation by the local Land Tribunal of Seoul Special Metropolitan City, the Plaintiff deposited the compensation for losses under the above adjudication with Defendant D as a depositee.

[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, H, and J: Facts without any dispute, entries in Gap evidence 1, 2, 3, 5-1, 4 through 8, and 6, and the purport of the whole pleadings;

(c) Defendant I: Service by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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 and J’s assertion.