20 Gaz. 109394 Delivery of Building

A Housing Redevelopment Project Cooperatives in Urban Renewal Promotion Zone

Law Firm Lee (Law Firm Lee & Lee)

[Defendant-Appellee] Plaintiff 1

1. B

2. C.

3. D.

September 10, 2020

2020.112

1. The Plaintiff:

A. Defendant B: (a) the building listed in Section 1 of the Annex A;

B. Defendant C is a building listed in Appendix 1 List 2;

C. Defendant D shall deliver each building listed in [Attachment 1 List 3].

2. Paragraph 1 can be provisionally executed.

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

The same shall apply to the order.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project partnership which completed the registration of incorporation on December 4, 2008 with the approval of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on December 3, 2008 for the purpose of implementing the housing redevelopment improvement project (hereinafter referred to as the “instant project”).

B. The Defendants leased each of the pertinent buildings listed in the separate sheet No. 1 in the instant project zone and possess and use them for business purposes.

C. On October 4, 2019, the Plaintiff obtained approval from the head of Dongdaemun-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Dongdaemun-gu Seoul Metropolitan Government announced it to the Dongdaemun-gu Seoul Metropolitan Government Public NotificationF on the same day.

D. The Plaintiff filed an application with the local Land Tribunal for adjudication of expropriation regarding the business rights of each building listed in the separate sheet No. 1, and on April 24, 2020, the said Committee deposited KRW 42,180,000 for the Defendants’ respective business rights as deposited on June 5, 2020, and KRW 1,815,000 for compensation as deposited by Defendant C, and KRW 78,980,00 for compensation as deposited by Defendant D, respectively.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. Determination

According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a person holding rights, such as a person holding superficies, a person holding a right to lease, or a lessee, with respect to a redevelopment project, is publicly notified of a management and disposal plan, he/she shall not use or benefit from the previous land or buildings until the date of public notification of transfer under Article 86 of the same Act, and the redevelopment association, a project implementer, can use or benefit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 2

According to the above facts, the defendants are obligated to deliver each of the pertinent buildings listed in the separate sheet No. 1 to the plaintiff who acquired the right to use and benefit from each building listed in the separate sheet No. 1 by the authorization and public notice of the management and disposal plan concerning the instant

3. Conclusion

Therefore, the plaintiff's claim against the defendants is justified, and all of them shall be accepted. It is so decided as per Disposition by applying Article 99 of the Civil Procedure Act to the burden of litigation costs in consideration of the progress of the lawsuit in this case

Judge Kim Gin-hun

A person shall be appointed.

A person shall be appointed.