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(영문) 서울중앙지방법원 2020.02.11 2018가단5261776
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government D.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and on December 21, 2017, approved the management and disposal plan and announced it on December 28, 2017.

C. The real estate listed in the attached list is located within the project implementation district, and the Defendants are currently occupying the above building as the lessee of the building listed in the attached list.

[Grounds for recognition] Each entry, whole pleading, and the purport of Gap's 1 or 12

2. Article 49(6) of the Act on the Determination of Grounds for Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is made to the Plaintiff, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings shall transfer the land or buildings he/she

Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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