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(영문) 서울남부지방법원 2019.12.12 2019가단250385
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff was an association established to implement a reconstruction project in the Gangseo-gu Seoul Metropolitan Government C, the Gangseo-gu Seoul Metropolitan Government 3125 square meters, and was authorized to establish an association by the head of Gangseo-gu Seoul Metropolitan Government on March 20, 2017.

B. On April 22, 2019, the Plaintiff obtained authorization of the management and disposal plan from the head of Gangseo-gu Seoul Metropolitan Government and publicly notified on April 24, 2019.

C. The Plaintiff is operating “D” by leasing a building indicated in the attached list in the above improvement zone.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. No right holder, such as the lessee, etc. of the previous land or structure, shall use the previous land or structure or profit therefrom by the date of public announcement of the approval of the management and disposal plan;

(The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Barring special circumstances, the defendant is obligated to deliver to the plaintiff as a developer of the building listed in the attached Table, which is a building in the above improvement zone, according to the public notice

3. Judgment on the defendant's assertion

A. The defendant asserts that since the term of lease expires on June 16, 2020, the building indicated in the attached list can be occupied until the said term of lease expires.

The main text of Article 81(1) of the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”) provides that when the approval of a management and disposal plan is publicly notified, the use and profit-making of buildings may be restricted even if the term of the lease has not expired for the implementation of a reconstruction project. Therefore, the defendant’s assertion that the possession of buildings listed in the attached list may be occupied by

B. The defendant asserts that a claim for extradition cannot be accepted until the business compensation is paid.

Article 63 of the Act on the Maintenance and Improvement of Urban Areas shall apply to the rearrangement project implementer under the Public Works Act.

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