beta
(영문) 인천지방법원 2018.08.16 2017가단257684

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in the separate sheet No. 1;

B. Defendant D shall be set out in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment Project Association established for the purpose of implementing a housing redevelopment project with the area of 90,438 square meters in Nam-gu Incheon Metropolitan City.

B. On January 23, 2017, the Plaintiff obtained the authorization of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly notified

C. The Defendants, a member of the Plaintiff, own each real estate listed in the separate sheet located in the business area as stated in Paragraph 1 of the Disposition (Defendant B and C share the real estate listed in the separate sheet No. 1 in their respective shares) and possess each real estate listed in the current separate sheet.

[Ground of Recognition] Defendant B, C: There is no dispute, each entry in Gap evidence 1 through 5, the purport of the whole pleadings, Defendant D, E, and F: Confession

2. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, the holder of a right, such as the owner of the previous land or building, superficies, leaseer, etc., shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54.” The fact that the Mayor of Incheon Metropolitan City has publicly announced the authorization of a management and disposal plan concerning the instant rearrangement project on January 23, 2017 is as seen earlier.

Therefore, the Defendants, the owners of each real estate listed in the separate sheet in the project zone of the instant rearrangement project, are obligated to deliver each part of the real estate in the separate sheet to the Plaintiff who acquired the right to use and benefit from the real estate as the implementer of the

3. Determination as to Defendant B and C’s assertion

A. Defendant B, C, and the project implementer under Article 46(1) of the Act on the Maintenance and Improvement of Urban Areas.