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(영문) 서울북부지방법원 2019.05.28 2018가단7358
건물인도
Text

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

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Basic facts

A. On March 22, 2012, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish an association from the head of Gangnam-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The head of Gangnam-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation authorization on December 20, 2013; the project implementation authorization on May 27, 2016; and the authorization on the management and disposal plan on December 29, 2017; and the notification on January 12, 2018.

(hereinafter referred to as the above, the management and disposal plan authorized and announced as above shall be referred to as the “management and disposal plan of this case”).

The Defendants possess and possess the real estate listed in the attached list in the project implementation district (hereinafter “instant real estate”).

On December 5, 2017, according to the adjudication of expropriation by the local Land Tribunal of Seoul Special Metropolitan City, the Plaintiff deposited the Defendants’ compensation for the instant real estate as each deposited person.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 6 evidence 10, 11, the purport of the whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is made, the use and profit-making by right holders, such as owners, superficies, persons having chonsegwon, 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, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff who acquired the right to use and benefit from each of the instant real estate after obtaining authorization and public announcement of the 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).

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