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(영문) 서울중앙지방법원 2019.08.28 2018가단5128534
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, respectively, deliver the buildings listed in the separate sheet No. 8, and the buildings listed in the separate sheet No. 9.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government D.

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on December 28, 2017.

C. Each building listed in the separate sheet 8 and 9 is located in the project implementation district.

The Defendants are the lessees of each of the above buildings, and each of them occupies them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that when a public announcement of approval of a management and disposal plan is made pursuant to Article 78(4), the owners of the previous land or buildings, superficies, persons holding a right to lease, lease, lease, etc. shall not use the previous land or buildings or benefit therefrom until the date of the public announcement of transfer under Article 86, unless any of the following grounds exist:

As seen above, the Plaintiff, a project implementer, may implement the project by removing buildings in the rearrangement zone, etc., and the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer for the purpose of the project.

Therefore, barring special circumstances, the Defendants are obligated to deliver each of the above buildings possessed by the Plaintiff to the Plaintiff.

3. Judgment on the defendants' assertion

A. The Defendants had the head of Seocho-gu approved the project implementation plan, and had the head of Seocho-gu complete the organization of the prior consultative body and submit the operation plan before applying for the approval of the management and disposal under that condition, but did not properly implement it.

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