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(영문) 서울중앙지방법원 2018.11.29 2018가합538584
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the real estate list in Appendix 1;

B. The defendant C shall list the real estate in annexed Form 2.

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 6:

The Plaintiff is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained approval from the head of Seocho-gu on March 9, 2015 to implement a reconstruction project in Seoul G G (hereinafter “instant project zone”), and the Defendants are the lessees or owners of each real estate located in the relevant project implementation district as shown in the attached Table of Real Estate in the said project implementation district.

B. On December 21, 2017, the Plaintiff obtained approval from the head of Seocho-gu for a management and disposition plan regarding the above reconstruction improvement project, and the details were publicly notified on the 28th of the same month.

2. After the Plaintiff’s assertion obtained authorization for the establishment of a housing reconstruction project within the instant project zone, the Defendants, the lessee and owners, were suspended from using and earning profits from each real estate, and the Plaintiff, the project implementer, was able to use and gain profits from each real estate.

Therefore, the Defendants are obligated to deliver each of their respective possession to the Plaintiff.

3. Judgment on deemed confessions made against the Defendants other than Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

4. Determination as to Defendant C

A. Article 81(1) of the Urban Improvement Act provides that a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4). As seen earlier, insofar as the public announcement of the approval of the management and disposal plan for the Plaintiff is made, the Plaintiff, who is the project implementer, shall remove the buildings within the rearrangement zone.

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