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(영문) 대구지방법원 2020.08.11 2020가단103693
건물인도
Text

Of the real estate listed in the attached list to the Plaintiff, the real estate listed in the attached list to the Defendant B, and the Defendant C shall be listed in the attached list 2.

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged according to the entries in Gap evidence 1 and 2:

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 for establishing an association from the head of Daegu Metropolitan City (hereinafter referred to as the “head of Nam-gu”) on July 29, 2015 for the purpose of implementing a housing redevelopment improvement project (hereinafter referred to as the “instant project”), and completed the registration of incorporation on August 20, 2015, the Plaintiff received the authorization for the management and disposal plan for the instant project from the South-gu Seoul Metropolitan Government on March 18, 2018 from the South-gu head of the Gu on March 2018, and the South-gu head of the Gu publicly notified the management and disposal plan on March 20, 2019.

B. The Defendants occupy the pertinent real estate as a lessee of each real estate stated in the separate sheet located within the instant business zone, among each real estate indicated in the separate sheet.

2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims provides that "When a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building (hereinafter referred to as "owner, etc.") is publicly notified of a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of public notification of transfer under Article 86." In light of the above provisions of the Act, the above facts of recognition are examined as follows: (a) the Defendants falls under a lessee of a building within the instant rearrangement project zone, which is the "owner, etc." of a building stipulated in the Urban Improvement Act, and thus, (b) barring any special circumstance, the Defendants cannot use or benefit from the building possessed by the Defendants under the Urban

3. The defendant's defense is decided by the Daegu Metropolitan City Land Tribunal as compensation for losses.

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