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(영문) 서울북부지방법원 2019.01.16 2018가단9149

건물인도

Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Indication of claim;

A. On March 22, 2012, the Plaintiff is a housing redevelopment and rearrangement project association that has obtained an authorization to establish a housing redevelopment and rearrangement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 60,263 square meters from the head of Gangnam-gu Seoul Metropolitan Government as the project implementation district from the head of Gangnam-gu Seoul Metropolitan Government. The Defendants are the owners or occupants of the buildings specified in paragraph (

B. On December 20, 2013, the head of Gangnam-gu in Seoul shall publicly notify the Plaintiff of the authorization to implement the project, and publicly notify the authorization to implement the management and disposal plan (hereinafter “the authorization to implement the instant management and disposal plan”) on January 12, 2018.

C. When the approval of the management and disposal plan under Article 49(3) of the Urban Improvement Act is publicly notified, the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, 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, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). The Defendants have the duty to deliver each building specified in Paragraph (1) of the Disposition to the Plaintiff who acquired

2. Applicable provisions;

A. Defendant B, C, D, E, F, G, and H: Confession judgment (Article 208(3)2, and Article 150(3) of the Civil Procedure Act);

(b) Defendant I: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);