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(영문) 서울북부지방법원 2020.05.19 2019가단120784
건물명도(인도)
Text

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

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization from the head of Dongdaemun-gu Office on December 1, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment and rearrangement project with respect to the housing redevelopment project with respect to the Dongdaemun-gu Seoul Metropolitan Government D Large Scale 144,964 square meters (hereinafter “instant project

B. On March 30, 2017, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

C. The Defendants possess the real estate indicated in the separate sheet in the instant project zone (hereinafter “instant real estate”). D.

On March 22, 2019, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on May 10, 2019 with respect to the land and goods in the instant project zone, including the instant real estate possessed by the Defendants, on May 10, 201.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 10 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making of right holders, such as owners, superficies, persons having a right to lease, and lessees of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obliged to deliver the said real estate to the Plaintiff who acquired the right to use and profit from the instant real estate after receiving the authorization and public notice of a management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

B. The Defendants asserted that the judgment 1 on the Defendants’ assertion is null and void.

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