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(영문) 서울중앙지방법원 2020.06.19 2018가단5128589
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant D shall provide the real estate listed in the attached Table 2.

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 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 9, 2015 to implement a housing reconstruction project (hereinafter “instant rearrangement project”) in Seocho-gu Seoul Metropolitan Government E.

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

C. The Defendants, as a lessee of each of the relevant real estate listed in the separate sheet in the Plaintiff’s project implementation district (hereinafter “each of the instant real estate”), possess each of them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that "the owner, superficies, person having a right to use or profit from the previous land or building shall not be permitted to use or profit from the previous land or building until the date of public announcement of transfer under Article 86, if a public announcement of a management and disposal plan is made under Article 78(4)." Thus, when a public announcement of a management and disposal plan is made, the use or profit from the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer shall be allowed to use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts, according to the public notification of the management and disposal plan for the rearrangement project of this case, the use or profit from each of the real estate of the Defendants, the lessee, according to the public notification of the management and disposal plan for the rearrangement project of this case, the Defendants

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