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(영문) 서울북부지방법원 2019.05.29 2018가단108992
건물명도(인도)
Text

1. The Plaintiff:

A. The defendant B is the 2nd floor of the building listed in the attached Table 1 list;

B. Defendant C shall be the building listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 53,149.50 square meters from the head of Dongdaemun-gu Seoul Metropolitan Government as the project district.

B. The Defendants possess each of the real estate listed in paragraph (1) of this Article (hereinafter “each of the instant real estate”) within the project implementation district in their possession.

C. The head of Dongdaemun-gu approved and publicly notified the project implementation plan on November 5, 2009 to the Plaintiff, and approved the management and disposal plan on September 29, 2017 (hereinafter “the management and disposal plan of this case”), and publicly notified the management and disposal plan of this case on October 12, 2017.

The plaintiff paid the adjudication compensation to the defendant B in accordance with the adjudication of expropriation by the local Land Tribunal of Seoul Metropolitan City, to the Dongdaemun-gu Office, the seizure authority, and the remaining defendants deposited the adjudication compensation with the relevant defendants as each deposited person.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 17 (including branch numbers in case of additional number), the purport of whole pleadings

2. Determination

A. 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, when a management and disposal plan as determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced, a right holder, such as the owner of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer

The facts that the management and disposal plan of the instant case was publicly announced on October 12, 2017 are as seen earlier, and thus, the Plaintiff acquired the right to use and benefit from each of the instant real estate located within the project implementation district. Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the instant real estate possessed by themselves to the Plaintiff, barring any special circumstance.

(b).

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