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(영문) 서울북부지방법원 2019.05.15 2018가단7389
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in Appendix 1;

B. Defendant C shall provide the real estate listed in the attached Table 2, C.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 60,263 square meters from the head of Gangseo-gu Seoul Metropolitan Government as the project implementation district.

B. The Defendants possess each of the real estate listed in paragraph (1) of this Article (hereinafter “each of the instant real estate”) within the project implementation district in their possession.

C. On December 20, 2013, the head of Gangnambuk-gu authorized and publicly notified the Plaintiff’s project implementation plan on December 20, 2013, and approved the management and disposal plan on December 29, 2017 (hereinafter “the management and disposal plan of this case”), and publicly notified it on January 12, 2018.

On December 6, 2017, according to the Seoul Special Metropolitan City Local Land Tribunal’s ruling of expropriation, the Plaintiff deposited the amount of adjudication compensation with the Defendants as each deposited person (Provided, That with respect to Defendant E, F, G, and H, the Plaintiff deposited the amount of adjudication compensation with the network D as the deposited person).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan as determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced, a right holder, such as the owner of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer

The facts that the management and disposal plan of this case was publicly announced on January 12, 2018 are as seen earlier. Therefore, it is deemed that the Plaintiff acquired the right to use and benefit from each of the instant real estate located within the project implementation district. Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the instant real estate possessed by themselves to the Plaintiff, barring any special circumstance

B. Defendant C, E, F, G, H, I, J,K, and L, as to the Defendants’ assertion, are the resettlement funds.

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