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(영문) 서울중앙지방법원 2018.11.16 2018가단5125474
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the attached real estate list.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that promotes a reconstruction project for multi-family housing and ancillary facilities on the site of the Gangnam-gu Seoul Special Metropolitan HH 399,741 square meters, and the Defendants are the lessees of each real estate indicated in the attached list of real estate located in the site of the reconstruction project (hereinafter “each of the instant real estate”).

B. The Plaintiff received the authorization from the head of Gangnam-gu Office to establish an association on October 14, 2003, the authorization to implement the project on April 28, 2016, and the authorization to implement the management and disposal plan on April 6, 2018, respectively, and the head of Gangnam-gu notified the head of the management and disposal plan on April 13, 2018.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 81(1) of the Urban Improvement Act provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4)." Thus, according to the above facts, the defendants, who are lessees of each real estate of this case, can no longer use or benefit from each real estate of this case, and the plaintiff, who is the project operator, can use or benefit from the same.

Therefore, the Defendants are obligated to deliver each of the instant real estate possessed by themselves to the Plaintiff.

B. As to this, the Defendants asserted that the Plaintiff’s members committed an illegal act, the Plaintiff’s fault and aggravated the Plaintiff’s disease, and the Plaintiff’s injury or loss compensation should be paid from the Plaintiff.

Plaintiff’s members committed an illegal act.

There is no evidence that the plaintiff's mistake caused illness to the defendants, and there is no general housing reconstruction project.

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