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(영문) 서울북부지방법원 2019.07.09 2018가단108404
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. On September 4, 2008, the Plaintiff is a housing redevelopment project partnership that obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 53,149.50 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul as the project implementation district.

B. The head of Dongdaemun-gu Seoul Metropolitan Government approved the management and disposal plan on September 29, 2017 to the Plaintiff (hereinafter “the instant management and disposal plan”). On October 12 of the same year, the head of Dongdaemun-gu Seoul Metropolitan Government announced the management and disposal plan to the Plaintiff I.

C. The Defendants respectively possess the pertinent real estate stated in Paragraph (1) of the Disposition in the project implementation district.

On April 5, 2019, according to the ruling of expropriation by the local Land Tribunal of Seoul Special Metropolitan City, the Defendants were each deposited, and the Defendants deposited compensation for each relevant real estate listed in the attached list of the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, purport of whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is made, the use and profit-making by right holders, such as owners, superficies, persons having chonsegwon, and lessees of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff who acquired the right to use and benefit from each of the instant real estate after obtaining authorization and public announcement of the management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

B. The summary of the defendant B and D's assertion and the above defendants' assertion are invalid. Thus, the plaintiff's assertion is without merit.

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