beta
(영문) 수원지방법원 2020.08.13 2019가단504459

건물명도(인도)

Text

The Plaintiff

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment improvement project (hereinafter “instant improvement project”) on October 26, 2009, with a housing redevelopment improvement project, the business area of which is one of 138,401 square meters in Suwon-si E, Suwon-si, Suwon-si (hereinafter “instant improvement project”).

B. On May 19, 2015, the Plaintiff was authorized to implement a project implementation plan for the instant rearrangement project by the Suwon Market. On April 10, 2018, the Plaintiff was authorized to implement a management and disposal plan for the instant rearrangement project from the Suwon Market. On the same day, the Suwon Market announced the management and disposal plan of the instant rearrangement project.

C. The Defendants occupy each Defendant’s building located within the instant rearrangement project zone (hereinafter “instant real estate”) as a lessee.

[Ground for recognition] Defendant B, C: Confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant D: The non-contentious facts, Gap evidence Nos. 1, 2, 3-7, and evidence Nos. 4 through 6, the purport of the whole pleadings and arguments

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “If the authorization of a management disposition plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement of transfer

Therefore, inasmuch as a disposition of a management and disposal plan is publicly notified, the former owner’s use and profit-making of the subject matter is suspended, so the project implementer can use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decisions 2009Da28394, Nov. 24, 201; 2017Da289712, May 15, 2018). The fact that the management and disposal plan regarding the instant project was publicly notified on April 10, 2018 is as seen earlier, the Defendants, the lessee of the instant real estate, are obliged to deliver the Plaintiff’s real estate as indicated in the order.

2.3.