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(영문) 서울북부지방법원 2021.02.09 2020가단139715
건물인도
Text

The Plaintiff

A. Defendant B: (a) the real estate listed in Annex B No. 1 of the Schedule;

B. Defendant C is listed in Annex C No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership that obtained authorization from the head of Dongdaemun-gu Office on December 26, 2017 for the establishment of an association pursuant to the Urban and Residential Environment Rearrangement Project Act (hereinafter “Urban and Residential Environment Rearrangement Project Association”) for the purpose of implementing a housing redevelopment project with respect to the housing redevelopment project for the Dongdaemun-gu Seoul E-gu Seoul Metropolitan Government (hereinafter “instant project zone”).

B. On April 23, 2020, 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 relevant real estate listed in the separate sheet in the instant business zone.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. When a public announcement of an administrative disposition plan stipulated in the Urban Planning and Utilization Act regarding the cause of the claim is made, the use and profit-making by the right holder, such as the owner, superficies, the person having superficies, the lessee, etc. for the previous land or buildings shall be suspended, and the project executor shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decisions 91Da22094, Dec. 22, 1992; 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff who is entitled to use and profit-making from the real estate within the instant project area after obtaining authorization and public announcement of the administrative disposition plan under the Urban Planning and Management Act

3. In conclusion, the plaintiff's claim of this case is justified, and it is decided as per Disposition by applying Article 99 of the Civil Procedure Act to the burden of litigation costs in consideration of the progress of the lawsuit of this case.

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