beta
(영문) 서울서부지방법원 2016.10.06 2016가단207181

건물인도

Text

1. The Plaintiff:

A. Defendant B, among the real estate listed in Appendix 1. List No. 1, indicated in Appendix 2. Map No. 13, 14, 15, 17, 18, 9, 10.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project in Mapo-gu Seoul Metropolitan Government (hereinafter “instant rearrangement project”), and obtained authorization for the implementation of the project on July 26, 2012 from the head of Mapo-gu and received authorization for the implementation of the project on the same day, and was subject to authorization for the implementation of the project plan on July 7, 2015, and was authorized and publicly announced on July 9, 2015.

B. The Defendants leased each part of the real estate indicated in the [Attachment 1] List, located within the instant rearrangement project zone, and run a business in this place.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Since the management and disposal plan was authorized and publicly announced by the head of the competent Gu with respect to the Plaintiff’s assertion improvement project, the Defendants are obligated to deliver each occupied portion to the Plaintiff pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

3. Determination

A. Judgment of confession as to Defendant B, C Housing Redevelopment and Improvement Project Association, and F (Article 208(3)2 of the Civil Procedure Act)

B. (1) The main text of Article 49(6) of the Act on the Establishment of a Management and Disposal Plan against Defendant D provides that “When the approval of a management and Disposal Plan is publicly announced, any right holder, such as the owner, superficies, person holding a right to lease, lease, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of transfer under Article 54.” The management and Disposal Plan regarding the instant improvement project is authorized on July 7, 2015 and is authorized and publicly announced on July 9, 2015, as seen earlier. Therefore, Defendant D, the lessee of the third real estate (hereinafter “third real estate of this case”).