logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.26 2018가단5125658
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 7;

B. Defendant C is a building listed in the separate sheet No. 8.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government G Group.

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and the head of Seocho-gu approved the management and disposal plan on December 21, 2017 and announced it on December 28, 2017.

C. Each real estate listed in the separate sheet is located within the above project implementation district. Defendant B is currently occupying the building listed in the separate sheet No. 7, Defendant C is the building listed in the separate sheet No. 8, Defendant D is the building listed in the separate sheet No. 9, Defendant E is the building listed in the separate sheet No. 13, Defendant F is the lessee of the building listed in the separate sheet No. 14.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Article 49(6) of the Act on the Determination of Grounds for Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is made to the Plaintiff, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings, shall transfer the land or buildings he/she

Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.

3. Determination as to Defendant D’s assertion

A. Defendant D shall be the head of Seocho-gu.

arrow