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(영문) 서울서부지방법원 2015.11.26 2015가단21205
건물인도
Text

1. The defendant is paid KRW 130,000,000 from the plaintiff, and at the same time, is among the real estate listed in the attached Table 1 to the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 8:

In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), the Plaintiff obtained authorization on April 19, 2010 to implement housing redevelopment improvement projects (hereinafter referred to as the “instant project”) in Yongsan-gu Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter referred to as the “instant rearrangement zone”) and obtained authorization for the implementation of the project on January 29, 2012.

B. On February 11, 2014, the Plaintiff received the authorization of the management and disposal plan for the instant project, and on February 12, 2014, the said authorization was publicly notified.

C. On October 24, 2014, the Plaintiff obtained a project implementation authorization by changing the number of supplied housing units from 187 households to 199 households, and obtained an amendment to the project implementation authorization on September 11, 2015 following the said project implementation authorization.

Attached Form

The real estate indicated in the list 1 is located in the rearrangement zone of this case, and the defendant, on February 22, 2012, leased KRW 130,00,00 of the lease deposit amount of KRW 91.07 square meters (hereinafter “the real estate of this case”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table 1 list from D, the owner of which, on February 2, 2012, the defendant occupied the above real estate until now.

2. Determination:

A. When the approval of the management and disposal plan is publicly notified as to the cause of the claim, in principle, the owner, superficies, leaseer, etc. of the previous land or building shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 54 of the Urban Improvement Act (the main sentence of Article 49(6) of the Urban Improvement Act), and the fact that the approval of the management and disposal plan for the project of this case is publicly notified is as seen earlier. Thus, the defendant is obligated to deliver the real estate of this case

B. As to the defendant's defense, etc.

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