beta
(영문) 서울남부지방법원 2017.10.17 2017가단204401

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B, H, I, and J are real estate listed in Schedule 1;

B. The defendant C is in accordance with the attached list No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association that completed the registration of incorporation on November 12, 2008 in order to implement redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by designating the Yeongdeungpo-gu Seoul Metropolitan Government KK as a project implementation district.

B. The Plaintiff received project implementation authorization on April 14, 201, and the head of Yeongdeungpo-gu Office approved and publicly notified the management and disposal plan of the instant rearrangement project on March 21, 2016.

C. Each real estate listed in the separate sheet is located within the implementation zone of the instant rearrangement project, and the Defendants occupy the pertinent real estate indicated in the order as the owner of the pertinent real estate (hereinafter “the pertinent real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, the purport of the whole pleadings

2. Determination

A. When a management and disposition plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan.

According to the above facts, as the management and disposal plan for the instant rearrangement project is publicly announced, the use and profit-making of the Defendants’ pertinent real estate shall be suspended, and the Plaintiff acquires the right to use and profit-making from the Plaintiff as the project implementer. Therefore, the Defendants are obligated to deliver each of the pertinent real

B. As to Defendant E and F’s defense, the Defendants asserted that each real estate listed in the separate sheet Nos. 5 and 6 cannot be transferred until the Plaintiff’s compensation for losses is completed.

Where an implementer of a housing redevelopment improvement project has deposited compensation for losses determined by the expropriation ruling by the competent Land Tribunal, it shall be in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects referred to in Article 49 (6) of the Urban