logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.06.13 2018가단23574
건물인도
Text

1. The Plaintiff:

A. Defendant B received KRW 35,294,118 from the Plaintiff, and at the same time real estate listed in the attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established with the size of 204,123 square meters, such as land located in Ulsan-gu E in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Defendant B is all the third floor of the instant real estate; Defendant C is the Eth of the instant real estate; Defendant D is each lessee of the instant part; and Defendant D is each lessee of the instant part.

B. On November 10, 201, the Plaintiff obtained authorization to establish an association and registered the establishment of an association. The Plaintiff was granted authorization for the implementation of the housing redevelopment project for the members of the above land promoted on January 11, 2016, and was publicly notified on February 27, 2017, and was also authorized and publicly notified on April 6, 2018.

C. Around November 2017, the Plaintiff completed the registration of ownership transfer on the ground that 15/17 shares of the instant real estate were acquired through consultation, and the Plaintiff completed the payment of compensation for losses around February 26, 2019 upon the adjudication of the local land expropriation committee of Ulsan Metropolitan City on December 10, 2018 with respect to the remaining shares of 2/17 in the name of Ulsan Metropolitan City (the starting date of expropriation refers to February 28, 2019).

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 8, and the purport of the whole pleadings.

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a right holder, such as the owner, superficies, lessee, etc. of the previous land or building, is publicly notified of a management and disposal plan, he/she shall not use or profit from the previous land or building until the date of the public notification of transfer under Article 86 of the same Act (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen above, the management and disposal plan regarding the Plaintiff’s rearrangement project was authorized and publicly notified, the Defendants, who acquired the right to use or benefit from the pertinent real estate, are the lessees of the instant real estate, among the instant real estate.

arrow