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(영문) 서울동부지방법원 2020.02.18 2019가단3326
건물명도(인도)
Text

1. The defendant shall deliver each real estate listed in the separate sheet Nos. 1, 2, and 3 to the plaintiff.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established for the purpose of implementing an urban environment rearrangement project in Gangdong-gu Seoul Metropolitan Government, and approved on September 21, 2012.

On January 24, 2019, the Plaintiff obtained the approval of the management and disposition plan, which was publicly announced on January 30, 2019.

B. The defendant leases and occupies each real estate listed in the separate sheet Nos. 1, 2, and 3 in the above business area (hereinafter “instant real estate”).

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to 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 is authorized and publicly notified, a right holder, such as the owner, lessee, etc. of the previous land or building, shall not use or profit from the previous land or building until the public announcement of relocation is made pursuant to Article 86 of the same Act, and a project implementer shall be entitled to use or profit from the previous land or building (see Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). According to the above recognition, barring any special circumstance, the defendant whose use or profit as a lessee has been suspended according to the public announcement of the management and disposal plan is obligated to deliver the real estate of this case,

B. The Defendant alleged that the Plaintiff promised to give compensation, and thus, it cannot respond to the Plaintiff’s claim. However, according to the overall purport of Gap evidence No. 5-3 and all pleadings, the Plaintiff deposited KRW 20,60,000 (Seoul East Eastern District Court No. 2013, 2019) with the Defendant as the deposited person on May 10, 2019 following the Seoul Regional Land Tribunal’s ruling on business losses, etc. (Seoul East East District Court No. 201303, 2019). Thus, the Defendant’s

3. Accordingly, the defendant is obligated to deliver the real estate of this case to the plaintiff. Thus, the plaintiff's claim of this case is justified.

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