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(영문) 서울남부지방법원 2018.10.19 2018가단218902

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annex 2 list;

B. Defendant C shall provide the real estate listed in the Appendix 3 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established in order to remove old and inferior structures in Yangcheon-gu Seoul Metropolitan Government G, and to newly build multi-family housing and ancillary welfare facilities above, and has obtained authorization to establish an association from the head of Yangcheon-gu Seoul Metropolitan Government on April 15, 2009.

B. In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization for the implementation of a housing redevelopment improvement project from the head of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) on the land of 19,599.50 square meters in the land located in Yangcheon-gu Seoul Metropolitan Government G (hereinafter “instant rearrangement zone”), and received the authorization for the implementation of the management and disposal plan on January 12, 2018, and publicly notified

C. The Defendants leased and possessed each part of the real estate indicated in the order located within the instant rearrangement zone.

[Ground of Recognition] Presumption of Confession (the plaintiff and defendant B, C, D, E), without dispute, entry in the evidence of Nos. 1 through 4, the purport of the whole pleadings (the between the plaintiff and defendant F)

2. Determination

A. According to the above facts, when a management and disposal plan is authorized and publicly announced pursuant to Article 81(1) of the Urban Improvement Act, a right holder, such as the owner, superficies, a person having a right to lease on a deposit basis, and a lessee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 86 of the Urban Improvement Act, and the project implementer may use or profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Thus, the Defendants whose use or profit has been suspended as the lessee pursuant to the public announcement of the approval of the management and disposal plan in this case are obligated to deliver the said part of each

B. As to Defendant F’s assertion, the above Defendant’s acquisition of and compensation for land, etc. for public works projects.