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(영문) 서울중앙지방법원 2018.11.15 2018가단5127067
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet No. 2;

B. The defendant C shall list attached Form 4.

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

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

C. Each real estate listed in the separate sheet is located in the above project implementation district, and Defendant B is located in the building listed in the separate sheet No. 2, Defendant C is the building listed in the separate sheet No. 4, Defendant D is the lessee of the building listed in the separate sheet No. 5, and the above building is currently occupied.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that when the approval of a management and disposal plan is publicly announced, the owners of the previous land or buildings, persons holding the superficies, lease right holders, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of approval of a management and disposal plan for the plaintiff is made, the plaintiff, who is the project implementer, may proceed with the project by removing buildings within the rearrangement zone, etc. For this purpose, the right holders of the land or

Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.

B. As to the Defendants’ assertion, the Defendants’ violation of the procedure, such as prior consultation, is first conducted by the head of Seocho-gu Seoul Metropolitan Government.

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