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(영문) 서울북부지방법원 2019.10.23 2019가단120081

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

Reasons

1. Facts of recognition;

A. On December 3, 2008, the Plaintiff is the Housing Redevelopment Improvement Project Association with the approval of establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 158,817 square meters from the head of Dongdaemun-gu Seoul Metropolitan Government as the project implementation district.

B. The Defendant possessed the real estate by owning 1/2 of the shares of the real estate listed in the separate sheet in the said project implementation district (hereinafter “instant real estate”).

C. The head of Dongdaemun-gu approved and publicly notified the project implementation plan on October 1, 2015 with respect to the Plaintiff, and approved and publicly notified the management and disposal plan on May 10, 2018.

(hereinafter referred to as “instant management and disposition plan”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings.

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a public notice of the management and disposal plan set forth in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, any right holder, such as the owner of the previous land or structure, shall not use or benefit from

The facts that the instant management and disposition plan was authorized and publicly announced on May 10, 2018 are as seen earlier, and thus, it is deemed that the Plaintiff acquired the right to use and benefit from the instant real estate located within the relevant project implementation district. Therefore, the Defendant is obliged to deliver the instant real estate possessed by it to the Plaintiff.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.