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(영문) 광주지방법원 2020.10.22 2020가단511094
건물인도
Text

1. The defendant is paid KRW 2,00,000 from the plaintiff and at the same time, the building indicated in the attached list of real estate to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to remove buildings within the said project implementation district and implement a housing reconstruction and improvement project to build a new building on the said land by making the building of 29,847 square meters of Seoul Nam-gu Seoul Metropolitan City as a project implementation district.

B. On March 12, 2020, the head of Gwangju Metropolitan City south-gu approved and publicly notified the Plaintiff’s management and disposal plan.

C. The building indicated in the attached list of real estate (hereinafter “instant building”) is located within the said project implementation district, and the Defendant, from November 30, 2016, occupied the instant building from D to December 30, 2016, with a lease deposit of KRW 2 million, monthly rent of KRW 100,000,000 from D, from December 6, 2016 to December 5, 2017 (hereinafter “instant lease agreement”), and operated a licensed real estate agent’s office with the possession of the instant building up to December 1, 2016 after paying KRW 2 million to D.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2 to 4, the purport of the whole pleadings

2. The assertion and judgment

(a) No right holder, such as the owner, superficies, person having a right to lease, lessee, etc. of the previous land or building, shall use or benefit from the previous land or building by the date of public announcement of the approval for the management and disposal plan under Article 78 (4), if the determination of the cause of the claim is made, until the date

(1) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas (Article 81(1) of the same Act). According to the above facts, the Plaintiff’s management and disposal plan was authorized and announced on March 12, 2020, and the Defendant is obligated to deliver the instant building possessed by the Plaintiff, who is the project implementer, to the Plaintiff pursuant to Article 8

The defendant is proceeding to file a claim against the owner of the building of this case, such as the implementation of the procedure for ownership transfer registration.

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