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(영문) 광주지방법원 2020.12.23 2020가단510923
건물인도
Text

The defendant shall deliver to the plaintiff the buildings listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment improvement project by making the Seoul Southern-gu Seoul Southern-gu Seoul metropolitan apartment complex and housing shopping district as a project implementation district.

B. The Defendant is the lessee of the building indicated in the attached list (hereinafter “instant building”) located within the said project implementation district.

C. On March 12, 2020, the head of the Nam-gu Gwangju Metropolitan City (Seoul Metropolitan City) approved the management and disposition plan for the plaintiff on March 12, 202, and publicly announced it as D public announced.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination:

A. The defendant filed a lawsuit against the lessor, who is the owner of the building of this case, to implement the procedure for the registration of ownership transfer as to the building listed in the separate sheet as the court 2020da51210. The plaintiff asserted that the lawsuit of this case should be dismissed unless the lawsuit is concluded. However, the defendant's argument that the lawsuit of this case cannot be deemed unlawful merely because the lawsuit of this case cannot be deemed unlawful. Thus, the above main safety defense is without merit.

B. 1) Determination on the merits of a lawsuit is made when a public notice of a management and disposal plan under the Act on the Determination of the Grounds for Claims is given, any right holder, such as the lessee of the previous land or building, shall not use or benefit from the previous land or building (the main sentence of Article 81(1) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents), and the project implementer shall allow him/her to use or benefit from the previous land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). In light of the above legal principles, the public notice of the approval of the management and disposal plan for the housing redevelopment project against the Plaintiff was given, and accordingly, the Defendant, the lessee of the building

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