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(영문) 서울서부지방법원 2020.07.23 2020가단218959

건물인도

Text

1. The defendant shall be the plaintiff.

(a) the real estate listed in Appendix 1 List 1,

(b) Of the real estate listed in Appendix 1 List 2.

Reasons

1. Basic facts

A. The Plaintiff is a redevelopment project association that completed the establishment registration on September 18, 2015 to implement a redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seodaemun-gu Seoul Metropolitan Government 13,180 square meters.

The Defendant is a tenant who possesses the portion (A) of 20.82 square meters in the ship (hereinafter “instant real estate”) connected the real estate listed in attached Table 1 List 1(1) and the real estate listed in attached Table 1 List 1(2) to the Plaintiff located within the redevelopment project zone in sequence with each point indicated in attached Table 1(2).

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government, and the details thereof were publicly notified in the Official Gazette on the same day.

C. On April 24, 2020, the Plaintiff was adjudicated by the local Land Tribunal of Seoul Special Metropolitan City on the instant real estate, and on June 10, 2020, deposited KRW 4,575,000 as compensation for losses due to the said adjudication by designating the Defendant as a depositee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

(a) Article 81 of the Urban Improvement Act provides that:

Article 81 (Suspension, Removal, etc. of Use and Profit-making of Buildings, etc.) (1) Owners, persons with superficies, persons having a right to lease, lease, lease, etc. of the previous land or building shall not use or profit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78 (4), if such announcement is made

Provided, That the same shall not apply to any of the following cases:

2. Where compensation for loss under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

B. In full view of the purport of the entire pleadings, the Defendant, pursuant to Article 81 of the Urban Improvement Act, raises objection to the Plaintiff, barring any special circumstance.