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(영문) 서울중앙지방법원 2019.06.05 2018가단5246654
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government D.

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and publicly notified the management and disposal plan as E on December 28, 2017.

C. The real estate listed in the attached list is located within the project implementation district, and the Defendants occupy this part as the lessee of the portion indicated in the “the part to be delivered” of the attached list among the real estate listed in the attached list.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Assertion and determination

A. Article 81(1) of the Act on the Determination of the Grounds for Claim provides that “Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use the previous land or building or benefit therefrom until the date of the public announcement of transfer under Article 86, unless there are grounds stipulated in the following subparagraphs, when the approval of the management and disposal plan under Article 78(4) is publicly notified.”

As seen earlier, as the management and disposal plan for the Plaintiff was publicly notified, the Plaintiff, who is the project implementer, may proceed with the project by removing buildings in the rearrangement zone, and for this purpose, the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer.

Therefore, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff, barring special circumstances.

B. The Defendants violating the procedure, such as prior consultation on the Defendant’s assertion, are the head of Seocho-gu.

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