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(영문) 수원지방법원 안산지원 2021.01.13 2020가단79571
건물인도
Text

1. The defendant delivered the building indicated in the attached list to the plaintiff. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. In fact, the Plaintiff is a Housing Redevelopment Development and Improvement Project Association established to implement a housing redevelopment and improvement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance of Urban and Residential Environments (hereinafter “Urban and Residential Environments Act”) by using the area of 116,624 m2,00,000 square meters in Gwangju-si as a project implementation zone (hereinafter “instant project zone”).

On October 25, 2019, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly announced on the same day.

On February 28, 2019, the Defendant: (a) completed the registration of transfer of ownership of a building listed in the separate sheet (hereinafter “instant building”); (b) occupied the instant building located in the instant project area; and (c) is the Plaintiff’s member participating in the instant improvement project promoted by the Plaintiff.

[Ground for recognition] Unsatisfy, Gap 1 through 5, the purport of the whole pleadings

2. When the management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas is authorized and announced, the use and profit of the right holder, such as the owner of the former land or building and the person holding the right to lease on a deposit basis, is suspended, and the project implementer is entitled to use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). According to the above facts of recognition, the Plaintiff’s management and disposal plan was publicly announced on October 25, 2019, and thus, the Defendant is obliged to deliver the instant building to the Plaintiff

3. The plaintiff's claim for conclusion is justified and acceptable.

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