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(영문) 서울남부지방법원 2020.08.21 2020가단200706
건물인도
Text

1.For the plaintiff: (a)

DefendantB, among the buildings listed in the attached list 1 of the building list, shall be classified into the attached drawings 1-mark 3, 4, 5, 6, 3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a street housing maintenance project association that obtained authorization from the head of Yeongdeungpo-gu Office on February 8, 2017 for the purpose of implementing the Seoul A Street Housing Improvement Project.

On November 1, 2019, the Plaintiff obtained the approval of a project implementation plan from the head of Yeongdeungpo-gu Office, and the approval of the project implementation plan was publicly announced on November 7, 2019.

B. The Defendants leased and possessed each relevant part of the building indicated in the separate sheet in the project implementation district.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. The right holder, such as the lessee of the previous land or building, can not use or benefit from the previous land or building until the date of the public announcement of transfer when the project implementation plan is approved (the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”).

(2) The Defendants are obligated to deliver each part of the Defendants possessed by the Defendants within the project implementation district to the Plaintiff, barring special circumstances.

B. Determination on the Defendants’ assertion 1) Article 37(1) proviso 2 of the Small-Scale Housing Maintenance Act provides that “The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects” (hereinafter “Land Compensation Act”).

The Plaintiff’s right to request the delivery against the Defendants is not recognized since the Plaintiff did not compensate the Defendants for the aforementioned loss. As such, the Plaintiff’s right to request the delivery against the Defendants cannot be recognized.

2. Article 56 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas") shall apply to the method of consent.

Articles 27 and 36, and Article 28 of the Urban Improvement Act shall apply mutatis mutandis to the designation of project agents, and other provisions of the Urban Improvement Act in small-scale housing rearrangement projects.

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