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(영문) 서울동부지방법원 2018.10.05 2018가단112025
건물명도(인도)
Text

1. The Plaintiff, among buildings listed in the separate sheet,

A. Defendant B, C, and D are the above buildings:

B. Defendant E is a branch, C.

Reasons

1. Facts of recognition;

A. On July 27, 2011, the Plaintiff obtained authorization for establishment from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the purpose of implementing a reconstruction project for G members of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant project”). On August 3, 2011, the Plaintiff was a reconstruction project association which completed the registration of establishment on August 3, 201, and the authorization and announcement of the management and disposal plan concerning the instant project as of October 18, 2017.

B. Defendant B, C, and D are the owners of the buildings indicated in the attached list located in the instant project zone (hereinafter “instant building”); Defendant E is the branch of the above building; Defendant F is the tenants possessing the second floor among the above buildings; and Defendant F is the tenants possessing the second floor among the above buildings.

(hereinafter referred to as “each occupied part”) c. of this case.

On December 19, 2017, the Plaintiff completed the registration of ownership transfer on the instant building on November 28, 2017 due to the trust held on November 28, 2017.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 6, purport of the whole pleadings】

2. The party's assertion and judgment as to it

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When a right holder, such as the owner of a previous land or building, has announced a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86." According to the above acknowledged facts, the public announcement of the management and disposal plan was made as of October 18, 2017 in the project area including the building in this case, so the Defendants cannot use or benefit from the building in this case or each occupied part in this case. Accordingly, the Defendants are obligated to deliver the building in this case, Defendant B, C, and D to the Plaintiff, and Defendant E, Defendant F are obligated to deliver each occupied part in this case.

B. Determination of Defendant E and F’s assertion (1) The above Defendants approved a project implementation plan on the condition that the Plaintiff prepared countermeasures, such as relocation expenses for merchants, etc.

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