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(영문) 서울북부지방법원 2020.02.06 2019가단126690
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C: (a) the buildings listed in Appendix 6 List 1;

B. Defendant D is listed in Appendix 6 List 2.

Reasons

【Common Issues to Defendant】

1. Facts of recognition;

(a) The plaintiff as a party: The defendants of the project implementer of the housing redevelopment improvement project in a A renewal acceleration zone (hereinafter referred to as the "project of this case"): The owner or lessee of each building specified in the attached list located in the project area of this case;

(b) On October 11, 2018, the public notice of authorization for a management and disposal plan was issued to the head of Seongbuk-gu Seoul Metropolitan Government (based on recognition), the facts that there is no dispute, Gap evidence 1, Gap evidence 2-1 and 2-4, and the purport of the whole pleadings.

2. When a public announcement of approval of a management and disposal plan under Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made with respect to the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended pursuant to Article 81(1) of the same Act, and the project implementer shall be entitled to use and profit from the plan (see Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, the public announcement of approval of the management and disposal plan regarding the instant project is the same, barring any special circumstance,

[Limited Issues]

1. Defendant B’s assertion: Defendant B’s assertion falls under the category of business loss compensation (F G Defendant B) as a person who continued to conduct business after acquiring all rights to the business from F and G operated by a licensed real estate agent’s office in the building listed in the separate sheet No. 1 (hereinafter “instant building”) prior to the business authorization date; and thus, Defendant B cannot deliver the instant building until receiving the said compensation.

Plaintiff

The office of “H”, which Defendant B received from G, does not have the identity with the office of “I” licensed real estate agent operated by F, and F moves to the place of “I” licensed real estate agent and operates it, and the business period between “H” and “I” is reduced.

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