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(영문) 서울중앙지방법원 2020.05.12 2018가단5125887
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and D are as shown in the annexed sheet

1. The real estate listed in the list:

B. Defendant E shall be in attached Form

4. List.

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 I.

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. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is located in the Plaintiff’s project implementation district, and the Defendants, as a lessee, possess specific parts of the instant real estate as indicated in the separate sheet.

(Defendant J is the lessee of the commercial building, and the remainder of the defendants are the lessee of the commercial building). [No dispute exists, entry in Gap 1-5 and 7 evidence, and the purport of the whole pleadings.

2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that when a public announcement of a management and disposal plan is made, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 86 of the Act on the Maintenance and Improvement of Urban Areas. Thus, as long as the public announcement of a management and disposal plan for the plaintiff is made, the plaintiff, who is the project implementer, may carry out the project by removing buildings within the rearrangement zone, etc., and the right holder of the land or building shall transfer

Therefore, the Defendants are obligated to deliver to the Plaintiff the occupied portion of the instant real estate, barring special circumstances.

3. Judgment on the defendants' assertion

A. The Defendants, such as the validity of the management and disposal plan, are the Seoul Special Metropolitan City.

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