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(영문) 서울남부지방법원 2017.06.20 2016가단254720

부동산인도 청구의 소

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on January 8, 2010 to implement a redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using the size of 73,607m2 as the project implementation district of Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant rearrangement project”).

B. The Plaintiff received project implementation authorization on August 30, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government Office approved and publicly notified the instant improvement project on October 29, 2015.

C. Each real estate listed in the separate sheet is located within the execution zone of the instant rearrangement project, and the Defendant B occupies the real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”) as the owner of the real estate listed in the separate sheet No. 1, and the Defendant C leased and occupied the real estate listed in the separate sheet No. 2 (hereinafter “instant two real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, 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 of recognition, as the management and disposal plan for the instant rearrangement project is publicly announced, the use and profit-making of the instant real estate by Defendant B and the instant real estate by Defendant C is suspended, and the Plaintiff acquires the right to use and profit-making as the project implementer. As such, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and Defendant C is obligated to deliver the instant real estate to the Plaintiff.

B. As to Defendant B’s defense, the Defendant asserts that the instant real estate cannot be transferred until the Plaintiff’s compensation for losses is completed.

The executor of the housing redevelopment improvement project.