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(영문) 서울서부지방법원 2021.02.09 2020가단243979
건물인도
Text

The defendant C, the defendant B, and the sperm are each of the real estate listed in the separate sheet to the plaintiff.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by deeming a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Defendant (Appointed Party B);

A. In full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 12 as to the grounds for the claim, the facts as stated in the grounds for the claim can be acknowledged.

Therefore, Defendant (Appointed Party) B and Selectioners D, E, F, and G (hereinafter “instant Defendants”) are obligated to deliver each of the real estate listed in the attached Table to the Plaintiff, which is the developer of redevelopment improvement project.

B. As to the gist of the Defendants’ assertion, the Defendants were to commence business after April 25, 201, the date when the Plaintiff’s first business was authorized to implement the Plaintiff’s association. However, since 60 months passed since the date when the first business was authorized to implement the instant improvement project, the first business plan was announced as of September 19, 2018, and the first business plan was invalidated, and the date when the business was authorized to implement the project should be the basis for calculating compensation for losses. Thus, the Defendants cannot deliver each real estate from the Plaintiff to the Plaintiff before receiving compensation for business losses.

However, in the event that the first project implementation authorization to which a particular land is considered as a site for the first project implementation is in force and the effectiveness of the constructive project recognition is also maintained, the first project implementation authorization to which the specific land is considered as a site for the project implementation is deemed as well, barring any special circumstance, shall continue to have its effect despite the modification authorization to which the first project implementation authorization is

With respect to the site subject to the project itself, even if there is a authorization to substantially change the main contents of the first project implementation authorization by changing the contents of the project implementation plan, such as the structure and contents of the building without any change, the first project implementation authorization will continue to exist effectively and will only become effective from the time of the first change authorization.

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