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(영문) 서울중앙지방법원 2020.05.12 2018가단5126347
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

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 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in Seocho-gu Seoul Metropolitan Government.

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

C. The real estate recorded in the attached list is located in the Plaintiff’s project implementation district, and the Defendant is currently occupying the real estate as a lessee of the attached list.

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

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas provides that when a public notice of a management and disposal plan is given, the owner, superficies, leaseer, etc. of the previous land or building may not use or profit from the previous land or building until the date of the public notice of transfer under Article 86 of the Act on the Maintenance and Improvement of Urban Areas. As seen earlier, insofar as the public notice of the management and disposal plan for the Plaintiff is given, the Plaintiff, who is the project implementer, may carry out the project by removing buildings within the rearrangement zone, etc. For this purpose, the right holder of the land or building, shall hand over the land or building he/she occupies to the project implementer, barring special circumstances.

B. Determination 1 on the defendant's assertion is made by the head of Seocho-gu Seoul Metropolitan Government and the prior consultative body is formed and the operation plan is completed before the application for the approval of the management and disposal plan.

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