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(영문) 의정부지방법원 고양지원 2018.11.22 2017가단80161
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

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

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 setting the 40,404m2 as a project implementation district of Gyeyang-gu Seoul Metropolitan City I to implement the housing redevelopment and rearrangement project.

The Plaintiff received authorization to establish a redevelopment association on July 18, 201 from the high-sea market on July 18, 201, authorization to implement the project on October 25, 2016, and authorization to implement the management and disposal plan on August 29, 2017, respectively.

B. The Defendants are tenants of each of the relevant real estate listed in the separate sheet in the project implementation district.

[Reasons for Recognition] deemed confession (Defendant 1 to 4, 6), facts without dispute, the purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (referring to the public notice on approval of a management and disposal plan) provides that "the owner, superficies, person having a right to the previous land or structure, such as the person having a right to lease, shall not use or benefit from the previous land or structure not later than the date of the public notice on relocation under Article 54: Provided, That the same shall not apply to the case where the project operator's consent or the compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed." Thus, when the management and disposal plan is authorized and the compensation for losses is completed due to the expropriation of the land, etc., the use or benefit of the previous lessee, etc. of the land

According to the above facts, the plaintiff was notified of the project implementation authorization and the management and disposal plan. Thus, the defendants who possess it are obligated to deliver the real estate of this case to the plaintiff, unless there are special circumstances.

B. Defendant F’s assertion and determination (1) The Defendant was not paid housing relocation expenses and director’s expenses, and thus, received them.

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