logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.18 2018가합579233
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B from April 28, 2019 to KRW 2.5 million, Defendant B’s title 1.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 8:

In order to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government D D, the Plaintiff is a housing reconstruction and improvement project association approved by the head of Seocho-gu Seoul Metropolitan Government on May 10, 2012 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”).

B. The head of Seocho-gu approved the project implementation plan on July 29, 2013 to the Plaintiff, and approved the management and disposal plan on July 13, 2016, and announced it on July 14, 2016.

C. Each real estate listed in the separate sheet is located within the project implementation district, and Defendant B, as a lessee, occupies one real estate (hereinafter “one real estate”) Nos. 1 and 2 real estate (hereinafter “2 real estate”) listed in the above list as a lessee.

2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas provides that when a public announcement of a management and disposal plan is made, the right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the public announcement of transfer is made under Article 54

As seen above, since the public notice of the approval of the management and disposal plan was given to the Plaintiff, the Plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or building shall transfer the land or building he/she possesses to the project implementer.

Therefore, the Defendants have the duty to deliver each of the real estate listed in the separate sheet possessed by the Plaintiff.

3. Determination as to the Defendants’ assertion

arrow