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(영문) 서울동부지방법원 2020.02.07 2019가단10874

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the real estate listed in the attached Table 4 list, each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff Union is a partnership implementing an urban environment rearrangement project (hereinafter “instant project”) at the Gangdong-gu Seoul Metropolitan Government Member C, and obtained authorization to establish the association on January 31, 201 and authorization to implement the project on March 17, 2015 from the head of Gangdong-gu, the competent authority, for which the head of Gangdong-gu, obtained authorization to establish the association on March 31, 201, and the head of Gangdong-gu, on January 30, 2019.

B. The Defendant leased and occupied the real estate indicated in Paragraph (1) of this Article (hereinafter “instant real estate”) within the instant business zone.

(c) Article 81(1) of the Act on the Improvement of Urban and Residential Environments shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78(4), when holders, persons holding superficies, persons having chonsegwon, lease right, etc., of the previous land or buildings, are publicly notified.

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

1. If the project implementer obtains consent;

2. The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that "if compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant was no longer able to use and benefit from the instant real estate in accordance with the notice of the management and disposal plan rendered on January 30, 2019, and thus, the Defendant is obligated to deliver the said real estate to the Plaintiff, who is the project implementer of

3. The plaintiff's claim is justified.