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(영문) 광주지방법원 2020.10.14 2020가단510770
건물인도
Text

The defendant shall deliver to the plaintiff the real estate 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 and rearrangement project association established to implement a housing redevelopment and rearrangement project by making the Seoul Nam-gu Seoul metropolitan apartment complex, housing complex, and 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 approved a management and disposition plan for the plaintiff pursuant to the relevant regulations on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and publicly announced it as D publicly announced.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "any right holder, such as the owner, superficies, leasee, and lessee 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), if the public announcement of the approval of the management and disposal plan is made under Article 86, and Article 81(2) provides that "the project implementer shall remove the existing building after obtaining the approval of the management

According to the above provisions, when the right holder of the previous land or structure approves the management and disposal plan, he has the duty to deliver the relevant land or structure to the project implementer for the execution of the project.

As seen earlier, the management and disposal plan of the Plaintiff’s housing redevelopment project was approved and announced publicly, the Defendant, a lessee, is obligated to deliver the instant building to the Plaintiff, barring special circumstances.

In this regard, the defendant argued that since the defendant did not receive the rental deposit of KRW 20,000,000 and the facility premium of KRW 8,00,000 from E, the owner of the building of this case, it cannot respond to the plaintiff's claim, but this is against the defendant.

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