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(영문) 서울북부지방법원 2019.10.15 2019가단104317
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization from the head of Dongdaemun-gu Office on December 3, 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 F 137,372 square meters (hereinafter “instant project zone”).

B. On May 10, 2018, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

C. The Defendants possess each of the real estate listed in the separate sheet in the instant project zone.

On October 26, 2018, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling on December 14, 2018 on each real estate owned by the Defendants as the commencement date of expropriation. The Plaintiff deposited each of the compensation for the Defendants as prescribed by the above ruling.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is made, the use and profit-making by right holders, such as owners, superficies, persons having chonsegwon, 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, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff who acquired the right to use and benefit from each of the instant real estate after obtaining authorization and public announcement of the management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

B. As to the defendants' assertion, the defendants are subject to determination.

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