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(영문) 서울남부지방법원 2020.07.24 2020가단204951

건물인도

Text

1. The Plaintiff:

A. Defendant B is 54.22 square meters per floor of the building indicated in paragraph (1) of the attached Table list of the buildings;

B. Defendant C is the same.

Reasons

1. Facts of recognition;

A. The Plaintiff is a street housing maintenance project association that obtained authorization from the head of Yeongdeungpo-gu Office on February 8, 2017 for the purpose of implementing the Seoul A Street Housing Improvement Project.

On November 1, 2019, the Plaintiff obtained the approval of a project implementation plan from the head of Yeongdeungpo-gu Office, and the approval of the project implementation plan was publicly announced on November 7, 2019.

B. The Defendants leased and possessed each relevant part of the building indicated in the separate sheet in the project implementation district.

[Ground for recognition] Unsatisfy

2. Determination

A. The right holder, such as the lessee of the previous land or building, can not use or benefit from the previous land or building until the date of the public announcement of transfer when the project implementation plan is approved (the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”).

(2) The Defendants are obligated to deliver each part of the Defendants possessed by the Defendants within the project implementation district to the Plaintiff, barring special circumstances.

B. Decision 1 on the assertion of Defendant B, F, G, and H provides that Article 37(1) proviso 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) does not recognize the project implementer’s right to request the submission of the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. However, since the Plaintiff did not compensate the said Defendants, the Plaintiff’s right to request the delivery against the Defendants cannot be recognized. (2) Article 56 of the Act on the Maintenance and Improvement of Small-Scale Housing (hereinafter “Urban Improvement Act”) provides that Articles 27 and 36 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply mutatis mutandis to the method of consent, etc. of the owners of land, etc., and Article 28 of the Act on the Designation of project agents shall apply mutatis mutandis to the project implementer.