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(영문) 서울중앙지방법원 2020.06.05 2018가단5125818
건물명도(인도)
Text

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

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

3.Paragraph 1.

Reasons

1. The facts of recognition are as shown in the annexed Form “Grounds for Claim”.

【Ground Nos. 1 through 5】

2. Judgment on the defendant's assertion

A. The Defendant’s assertion (i) on January 5, 2017, based on the amendment of Article 45-2 of the Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments, the Seoul Metropolitan Government requested Seocho-gu to submit a plan for the completion of the formation of the prior consultative body, the submission of the operation plan, and the free transfer of fundamental infrastructure under the conditions for project implementation authorization (Evidence 1). Since the Seocho-gu made a plan for the management and disposition before the formation of the prior consultative body is invalid

The plaintiff shall pay compensation for losses to the tenant who is the tenant.

B. (1) However, in light of the fact that the prior consultative body asserted by the Defendant is an institutional device created by the Seoul Special Metropolitan City itself in order to smoothly resolve disputes arising from the implementation of redevelopment or reconstruction projects, and is not based on delegation of superior laws, such as the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and that no restriction is provided that the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents may seek delivery only prior to the aforementioned procedures, it is not deemed null and void.

Dod next, the Act on the Maintenance of Urban and Residential Environments should make up for the premium for commercial buildings directly for the tenant.

There is no explicit basis to consider that there is an obligation to establish housing and relocation measures through compensation, and the Urban Rearrangement Act differs from the specific regulation in consideration of the public nature and the degree of public interest by the type of rearrangement project. Housing reconstruction projects are relatively weak compared to housing redevelopment projects. In the housing redevelopment project, the expropriation compensation in the housing redevelopment project is based on the officially announced value at the time of expropriation excluding development gains.

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