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(영문) 서울중앙지방법원 2018.12.19 2018가단5108356
건물명도(인도)
Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained approval for establishment from the head of Gangnam-gu Seoul on October 14, 2003 to remove the previous multi-unit housing, etc. on the ground of the project implementation district, which is located on the ground of the Seoul Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan City Seoul Metropolitan Area Seoul Metropolitan Area 399,741.7 square meters, and reconstructs the apartment housing and ancillary welfare facilities (hereinafter “instant project

B. The Defendant is a person who leases and occupies the real estate in the attached list in the Plaintiff’s instant business zone (hereinafter “instant real estate”).

C. As to the instant project, the Plaintiff received authorization from the head of Gangnam-gu Office to implement the project on April 28, 2016, from the project implementer, and obtained authorization for the management and disposition plan on April 6, 2018.

On the other hand, the head of Gangnam-gu announced the management and disposal plan on April 13, 2018.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 81(1) of the Urban Improvement Act provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date when the approval for the management and disposal plan is publicly notified pursuant to Article 78(4)." Thus, according to the above facts, the defendant, a lessee of the instant real estate, cannot use or benefit from each of the instant real estate, and the plaintiff, a project developer, can use or benefit from the instant real estate.

Therefore, the defendant has a duty to deliver the real estate of this case possessed by the plaintiff.

B. As to this, the defendant committed an illegal act against the plaintiff's members, and Byung due to the plaintiff's mistake, the defendant Byung.

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