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(영문) 서울동부지방법원 2020.05.07 2019가단136806
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. In light of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 5 (including virtual numbers), the plaintiff is the Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") in Seongdong-gu Seoul, Seongdong-gu, Seoul. The plaintiff is authorized to establish the association on November 16, 2007, and the authorization for the establishment of the association on January 12, 2017 from the head of Seongdong-gu, respectively. The approval for the management and disposal plan was obtained on July 6, 2018 and publicly announced around that time. The defendant is the owner of the real estate listed in the attached list (hereinafter "the real estate of this case") located within the plaintiff's business area, and the local Land Expropriation Committee's ruling on May 31, 2019 and deposited the above real estate on July 18, 2019.

Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas provides that the owner, superficies, leaseer, etc. of the previous land or building shall not use the previous land or building or benefit therefrom by the date of the public announcement of the approval of the management and disposal plan under Article 78 (4).

According to the above facts, the defendant has a duty to deliver the above real estate to the plaintiff, since he lost the right to use and benefit from the real estate in accordance with the plaintiff's management and disposal plan notice

2. The defendant's assertion is alleged to the purport that the amount of adjudication on the real estate of this case undersatisfy raised an objection, and that the plaintiff cannot respond to the plaintiff's claim since the plaintiff's claim is being prepared for the confirmation of nullity of the establishment of the association against the plaintiff union. However, the circumstance alleged by the defendant is merely a content that must be contested through administrative litigation, and it cannot be deemed a justifiable reason that can oppose

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