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(영문) 서울중앙지방법원 2021.03.29 2020가단5247322
건물인도
Text

The Plaintiff

(a) Defendant B and C are the 2nd floor and 3rd floor of the real estate recorded in Appendix 2 attached hereto;

B. Defendant D shall set forth in Appendix 3.

Reasons

1. As to Defendant B, C, and D

(a) Description of claims: as shown in Appendix 1;

B. On Defendant B: Judgment by publication service (Article 208(3)3 of the Civil Procedure Act)

C. As to Defendant C and D: Judgment deemed to be a confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. Judgment on Defendant E

A. (1) The Plaintiff is a Housing Redevelopment and Rearrangement Project Association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) with the area of 35,140 square meters of H Day in Seoul Special Metropolitan City, Nowon-gu as a project implementation zone.

(2) The head of Gwanak-gu in Seoul Special Metropolitan City authorized the Plaintiff to implement the instant improvement project on September 28, 2017, and notified the Plaintiff of the management and disposal plan on June 10, 2020, and on June 18, 2020, the head of Gwanak-gu in Seoul Special Metropolitan City publicly notified the Plaintiff as I.

(3) Defendant E occupies the G portion (hereinafter “instant real estate”) out of the real estate recorded in the attached Form 3 attached hereto within the implementation zone of the instant rearrangement project.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. (1) Determination (1) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas provides that “When a person holding a right, such as a person holding a superficies on the former land or building or a person holding a right to lease on the deposit basis of a person holding a superficies on the deposit basis of a right to lease on the deposit basis of a building, has publicly announced the approval of a management and disposition plan under Article 78(4), the former land or building shall not be used or profit-making from the date of the public announcement of transfer under Article 86, and Article 70(5) of the same Act provides that “Where an implementer of a project has obtained authorization of a management and disposition plan, the term of the contract to establish a superficies right or lease on the deposit basis of a rent shall not be subject to the application of Articles 280, 281, and 312(2) of the Civil Act, Article 4(1) of the Housing Lease Protection Act

Therefore, the administrative disposition is publicly announced.

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