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(영문) 서울중앙지방법원 2020.02.18 2018가단5125801
건물명도(인도)
Text

1. The defendant B attached Form to the plaintiff

1. To deliver the real estate recorded, and the defendant C attached to the plaintiff

2. The description;

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 housing reconstruction project in Seocho-gu Seoul Metropolitan Government.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on December 28, 2017.

C. Each real estate listed in the Attachment 1 and 2 is located in the Plaintiff’s project implementation district, and the Defendant B is attached hereto.

1. The real estate recorded, and the defendant C shall be attached hereto;

2. The lessee shall respectively occupy the existing immovables; and

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, and evidence 7, the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas provides that when the approval of the management and disposal plan is publicly notified, the owner, superficies, leaseer, etc. of the previous land or building may not use or profit from the previous land or building until the date the transfer is publicly notified pursuant to Article 86 of the Act on the Maintenance and Improvement of Urban Areas. As seen earlier, insofar as the approval of the management and disposal plan for the Plaintiff is publicly notified, the Plaintiff, who is the project implementer, may carry out the project by removing the buildings within the rearrangement zone, etc. For this purpose, the right holder of the land or building, shall hand over the land or building he/she possesses to the project implementer, barring any special circumstance.

B. The Defendants’ assertion is determined by the head of Seocho-gu Seoul Metropolitan Government and constitute a prior consultative body prior to the application for the approval of the management and disposal plan.

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