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(영문) 서울남부지방법원 2020.05.20 2019가단244212
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. Facts of recognition;

A. The Plaintiff is a reconstruction business cooperative aimed at implementing a reconstruction project for Yangcheon-gu Seoul Metropolitan Government and D members (hereinafter “instant project”). The Defendant is a tenant who occupies real estate in the attached Table in the instant project zone.

B. On February 14, 2018, the head of Yangcheon-gu Seoul Metropolitan Government announced the management and disposal plan under Article 74 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-3 and 5, the purport of the whole pleadings

2. The main text of Article 81(1) of the Act on the Determination of Urban Improvement provides that “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of transfer under Article 86.” Thus, when the approval of the management and disposal plan is publicly notified, the use or profit from the former land or structure by the right holder, such as the owner, superficies, leasee, etc., shall be suspended, and the project operator may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts, the defendant, whose use or profit has been suspended as

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.

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