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(영문) 인천지방법원 2019.04.19 2018가단238178

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Michuhol-gu Incheon Metropolitan City Housing Redevelopment Project Association established for the purpose of implementing a housing redevelopment project by having the area of 129,599m2 as the business district.

B. The head of Michuhol-gu Incheon Metropolitan City authorizing the management and disposal plan on June 19, 2017, and publicly announced it on the same day.

C. Defendant B is the owner of the building indicated in the attached list No. 1, and Nonparty E, the former spouse of Defendant C, entered into a lease agreement on the building indicated in the attached list No. 2 on September 20, 2014, and Defendant C is residing in the above building until now.

Each of the above real estates is located within the above business area.

【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, 2, 2, 3, 4-2, 3, 5-1, 2, 6-1, 2, and 15, and the purport of the whole pleadings

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4), and the fact that the head of Michuhol-gu Incheon Metropolitan City publicly notified the approval of the management and disposal plan on June 19, 2017

Therefore, according to the above facts of recognition, the defendants are obligated to deliver each of the pertinent real estate to the plaintiff who acquired the right to use and benefit from real estate as the project implementer, unless there are special circumstances.

3. Judgment on the defendants' assertion

A. Defendant B’s assertion as to Defendant B’s assertion provides that the Plaintiff’s articles of incorporation shall conclude a sales contract within a period set separately by the partnership after the authorization for the management and disposal plan was granted to the Plaintiff, thereby allowing the Plaintiff to acquire the status of cash clearing agent if the sales contract is not concluded.