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(영문) 서울서부지방법원 2015.06.24 2014가단15456

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing redevelopment and rearrangement projects on the land area of 51,526 square meters in Mapo-gu Seoul Metropolitan Government.

The defendant is the owner of the real estate in the attached list of the improvement project zone (hereinafter referred to as "the real estate in this case"), who is subject to cash settlement.

2. At the time of filing the instant lawsuit by the Plaintiff, the Defendant, as a partner, was obligated to deliver the instant real estate in accordance with Article 49(6) of the Urban Improvement Act and the articles of association of the association, but the Defendant’s status was changed during the lawsuit.

The plaintiff is expected to pay the liquidation money to the defendant who is a person subject to cash settlement through consultation and adjudication procedures in accordance with relevant laws.

In light of these circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. A project implementer of a housing redevelopment project who is not a member of the association for the purpose of commencing the project and who is not a member of the association for the purpose of receiving land or buildings within the rearrangement zone in order to be delivered to the person subject to the settlement of cash, the management and disposal plan’s approval and public notice is insufficient, and further consultation or expropriation procedures are required pursuant to the Urban Improvement Act. When consultation or expropriation procedures are not completed, he/she may not seek a transfer of land or buildings against the person subject to settlement of cash, notwithstanding the provisions of Article 49(6) of the Urban Improvement Act. If consultation on the settlement money between the association and the person subject to settlement of cash is held, the obligation to pay the settlement money and the obligation to deliver real estate, such as the land subject

(See Supreme Court Decision 2008Da91364 Decided July 28, 201). The Plaintiff is the Defendant, who is a person subject to cash settlement.