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(영문) 서울서부지방법원 2017.02.09 2016가합1427

부동산인도등

Text

1. The Plaintiff:

A. Defendant B: 1 real estate listed in the separate sheet;

B. Defendant C shall provide 2 real estate listed in the separate sheet.

Reasons

1. Plaintiff’s claim against the Defendants

A. 1) The Plaintiff is the Housing Redevelopment Development and Improvement Project Association established to conduct a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of project implementation of the Seodaemun-gu Seoul Metropolitan Government E large scale 48,085.40 square meters as a project implementation district.

B) The Plaintiff was authorized to establish the association on July 29, 2009, the authorization to implement the project on December 5, 2012, and the authorization to implement the management and disposal plan on January 18, 2016, respectively. The head of Seodaemun-gu Seoul Metropolitan Government publicly notified the above management and disposal plan on January 18, 2016. (c) Each real estate listed in the separate sheet is located within the execution zone of the instant rearrangement project. The Defendant B owns all the real estate listed in the separate sheet, the Defendant C owns the real estate listed in the separate sheet, the real estate listed in the separate sheet, and the Defendant D owns each of the three real estate listed in the separate sheet.

The Defendants were the members of the Plaintiff, but did not apply for parcelling-out within the period of application for parcelling-out, and possessed each of the above real estate.

[Ground of recognition] With respect to Defendant B and C, there is no dispute over the facts, Gap evidence Nos. 1 and 4, Gap evidence Nos. 3-1 and 2, and the purport of the whole pleadings as to Defendant D: Confession (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act). The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(3) If a management and disposal plan under Article 49(3) is publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc., of the previous land or buildings shall be suspended pursuant to the main sentence of Article 49(6) and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, the head of Seodaemun-gu Seoul Metropolitan Government publicly notified the approval of the management and disposal plan concerning the instant rearrangement project on January 18, 2016 by the head of Seodaemun-gu, as seen earlier, the use and profit-making thereof shall