부동산명도 등
1. The Plaintiff:
A. Defendant B received KRW 180,000,000 from the Plaintiff and simultaneously entered in Annex 1 List 1.
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established in order to remove existing houses, etc. and reconstruct multi-family housing on the ground as an implementation area of a multi-family housing improvement project with a square plan of 49,062 meters in Seoul, Dongjak-gu Seoul Metropolitan Government.
B. On May 14, 2015, the Plaintiff received the approval for the management and disposal plan from the head of Dongjak-gu Seoul Metropolitan Government, and the head of Dongjak-gu notified the approval for the management and disposal plan around that time.
C. Each real estate listed in the separate sheet Nos. 1 (hereinafter “each real estate of this case”) or individually “real estate Nos. 1, 2, and 3” is located within the implementation zone of the reconstruction project of this case.
Defendant B: (a) leased the instant real estate KRW 180 million from the owner F; (b) Defendant C leased the instant real estate KRW 150 million from the owner G to the owner G; and (c) Defendant D leased the instant third real estate at KRW 180 million from the owner H, respectively; and (b) as indicated in the attached Form 2, each of the leased real estate out of each of the instant real estate is occupied, as indicated in the attached Form 2.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8, 11 (including each number), the purport of the whole pleadings
2. Determination
A. When an administrative disposition plan stipulated in Article 49(3) of the Urban Improvement Act is publicly notified, use and profit-making by right holders, such as owners, superficies, persons having superficies, leasers, etc., of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010).
According to the above facts, the defendants acquired the right to use and benefit in accordance with the public notice of the management and disposal plan around May 14, 2015.