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(영문) 인천지방법원 2020.02.11 2019가단23687
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 2 attached hereto.

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

3...

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of a housing redevelopment improvement project (hereinafter “instant project”) whose business area covers approximately KRW 75,338 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the real estate listed in the attached Table 2 list is located within the instant project area.

B. On April 10, 2019, the Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and publicly notified the management and disposal plan on the same day.

C. The Defendant occupies and uses the real estate indicated in the attached Table 2 by leasing it from the owner.

On November 11, 2019, the Plaintiff deposited KRW 64,55,000 for the Defendant according to the above committee’s acceptance ruling.

[Reasons for Recognition] Evidence Nos. 1-3, Evidence Nos. 4-9, 5, 6, and the purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the Determination of Urban Improvement provides that "any right holder, such as the owner, superficies, person having superficies, leasee, etc. 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) of the same Act 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 is obligated to deliver the relevant land or structure to the project implementer for the execution of the project.

Therefore, the defendant should deliver to the plaintiff the real estate stated in the attached list No. 2.

The plaintiff's claim is accepted.

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