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(영문) 서울북부지방법원 2019.02.15 2018가단9378
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 3;

B. Defendant C is the first floor of the real estate listed in the attached Table 8.

Reasons

1. Basic facts

A. On March 22, 2012, the Plaintiff is the head of Gangnam-gu Seoul Metropolitan Government, the head of the Gu, and the Housing Redevelopment and Improvement Project Association which obtained approval for establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On December 20, 2013, the head of Gangnam-gu Seoul Northern District Office publicly notified the Plaintiff’s authorization to implement the project on May 27, 2016, publicly notified the authorization to revise the project implementation, and on December 29, 2017, approved the management and disposition plan (hereinafter “the instant authorization to implement the project”), and publicly notified on January 12, 2018.

C. The Defendants possessed each real estate listed in Paragraph (1) of this Article located within the project implementation district.

[Ground of recognition] Defendant C and D: Each entry in Gap evidence Nos. 1 through 5 (including, if any, a serial number) and the remainder of the purport of the entire pleadings: deemed confession

2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of Urban Improvement is given, the use and profit-making by right holders, such as owners, superficies, persons having a right to lease, 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, the Defendants are obligated to deliver each real estate stipulated in Paragraph (1) of the disposition, which the Defendants acquired the right to use and benefit in accordance with the public notice

3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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