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(영문) 서울중앙지방법원 2018.11.09 2018가단5108233
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. Basic facts

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 has obtained an approval from the head of Gangnam-gu Seoul on October 14, 2003 for the establishment of a project zone with the area of 399,741.7 square meters in Gangnam-gu, Seoul, and removes the previous multi-unit housing, etc. on its ground, and reconstructs the apartment housing and auxiliary welfare facilities on its ground (hereinafter “instant project”).

B. The Defendant leased and occupied, and used the real estate in the attached list in the Plaintiff’s instant project zone (hereinafter “instant real estate”).

C. The Plaintiff received authorization for the implementation of the instant project from the head of Gangnam-gu, ① the Plaintiff’s project implementer on April 28, 2016, ② the authorization for the management and disposal plan was received on April 6, 2018, and ③ the head of Gangnam-gu publicly announced the authorization for the management and disposal plan on April 13, 2018.

[Ground of recognition] 1 to 5, Gap 6, and 7's evidence 8, each of the whole pleadings, and the purport of the whole pleadings

2. Article 81(1) of the Defendant’s Obligation to Deliver (amended by Act No. 14857, Aug. 9, 2017) provides that “When a public notice of a management and disposal plan is given under Article 78 (4), any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public notice of transfer under Article 86,” and when the public notice of approval of the management and disposal plan regarding the housing reconstruction project is given, the use or profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the previous land or building (see, e.g., Supreme Court Decision 2007Da83649, Jul. 9, 2009).

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