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(영문) 서울북부지방법원 2017.09.28 2017가단110554

부동산인도

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall be listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On March 20, 2009, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant association establishment authorization”) to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant association establishment authorization”) with the size of 87,783 square meters in Seongbuk-gu Seoul Metropolitan Government as the project implementation district, and is a housing redevelopment and consolidation project association, the establishment authorization of which has been approved on January

B. Defendant B is each lessee and possessor of the real estate listed in the separate sheet No. 1, and Defendant C is all the above real estate within the project implementation district.

C. The head of Seongbuk-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation authorization on January 10, 2013, and announced it on January 17, 2013. On November 26, 2015, the head of Seongbuk-gu published the project implementation authorization, and approved the management and disposition plan on September 12, 2016 (hereinafter “instant management and disposition plan”), and announced it on September 19, 2016.

On the other hand, on November 25, 2016, the Seoul Special Metropolitan City Land Tribunal set the commencement date of expropriation on January 13, 2017 for the plaintiff's improvement project.

On January 3, 2017, the plaintiff made a ruling to accept each real estate as stated in the paragraph, and on January 3, 2017, the owner E and F of the above real estate as each deposit, and deposited each full amount of compensation for each of the above rulings.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4, 5-1, 3, 6, 7-1, 2, and the purport of the whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made to determine the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to 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