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(영문) 서울북부지방법원 2020.03.31 2019가단120685
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that obtained approval from the head of Dongdaemun-gu Office on December 1, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment improvement project with respect to the housing redevelopment project for the Dongdaemun-gu Seoul Metropolitan Government 144,964 square meters (hereinafter “instant project zone”).

B. On March 30, 2017, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

C. The defendant occupies real estate in the attached list in the project area of this case.

On March 22, 2019, the Seoul Special Metropolitan City Local Land Tribunal rendered a ruling on the compensation for the real estate indicated in the defendant's attached list, and the plaintiff deposited the compensation for the defendant as determined by the above ruling.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 4 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making of right holders, such as owners, superficies, persons having a right to lease, and lessees of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant is obligated to deliver each of the pertinent real estate to the Plaintiff who acquired a right to use and benefit from each of the instant real estate after obtaining authorization and public notice of a management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

3. Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the costs of the lawsuit shall be borne by considering the progress of the lawsuit of this case.

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