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(영문) 서울서부지방법원 2020.11.26 2020가합32459

건물인도

Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet No. 1.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is deemed to be the redevelopment project district in Seodaemun-gu Seoul Metropolitan Government 13,180 square meters (hereinafter “instant redevelopment project district”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply as a project implementation district.

(2) On June 19, 2019, the Plaintiff obtained authorization for the establishment of a redevelopment project and completed the registration of incorporation on September 18, 2015 to implement a redevelopment project under the Act, and the details thereof were publicly notified in the Official Gazette by the head of Seodaemun-gu Seoul Metropolitan Government.

3) The Defendants are each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) located within the instant redevelopment project zone.

The Defendants jointly owned all or part of the shares of H as indicated in the attached Table 2 (the co-owners of each of the instant real estate died on June 11, 2018, and the Defendants, as indicated in the attached Table 2, inherited the shares of H in proportion to 1/5, respectively.

(2) The Defendants jointly possess each of the instant real estate (attached Form 1, 2, 4, and 5) and jointly possess each of the instant real estate. The real estate stated in Paragraph 3 of the same list is jointly occupied by the Defendants with other co-owners of the said real estate.

(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 6 (if available, including each number; hereinafter the same shall apply);

No. 2. Each entry of No. 2 and the purport of the whole pleading

B. According to the main sentence of Article 81(1) of the Act on the Determination of Urban Improvement, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer when the

According to the above facts, since the management and disposal plan of the plaintiff was authorized on June 19, 2019, the defendants are entitled to use and benefit from the management and disposal plan pursuant to the main sentence of Article 81 of the Urban Improvement Act, barring any special circumstance.