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(영문) 서울중앙지방법원 2018.11.21 2018가단5154069

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B, at the same time, shall receive KRW 110,000,000 from the Plaintiff and at the same time, a list

1. The description;

Reasons

1. Basic facts

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”) which has obtained an approval for establishment from the head of Gangnam-gu Seoul on October 14, 2003 to remove the previous multi-family housing, etc. on the ground in the business area of Gangnam-gu, Seoul and remove the previous multi-family housing, etc. on the ground, and reconstruct the apartment housing and ancillary welfare facilities on the ground (hereinafter “instant project”).

B. The defendant B shall list the attached list in the plaintiff's business area

1. The real estate recorded, and the defendant C shall be listed in the annexed sheet;

2. A person who occupies and uses the indicated real estate (hereinafter referred to as “each of the above real estate”)

C. The Plaintiff received authorization for the implementation of the instant project from the head of Gangnam-gu, ① the Plaintiff’s project implementer on April 28, 2016, ② the authorization for the management and disposal plan was received on April 6, 2018, and ③ the head of Gangnam-gu publicly announced the authorization for the management and disposal plan on April 13, 2018.

[Reasons for Recognition] Evidence A 1 to 5, Evidence A 7-2 and 8-2, the purport of the whole pleadings

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of the Defendants provides that “Any right holder, such as the owner, superficies, person with superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date when the approval of the management and disposal plan is publicly notified under Article 78(4).” Thus, when the authorization of the management and disposal plan is publicly notified with respect to the housing reconstruction improvement project, the use or benefit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended and the project implementer may use or benefit from the same (see, e.g., Supreme Court Decision 2007Da83649, Jul. 9, 2009). Therefore, the authorization of the management and disposal plan concerning