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(영문) 서울북부지방법원 2021.02.04 2019가단155551 (1)
부동산인도 등
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the separate sheet. 2. The costs of lawsuit are assessed against each other.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association (hereinafter “instant project”) that completed the registration of establishment on September 6, 201 with authorization from the head of Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul for the establishment of an association on August 31, 201 for the purpose of implementing a housing redevelopment and improvement project (hereinafter “instant project”).

B. Defendant B is the owner of the building indicated in the attached list in the instant project zone (hereinafter “instant building”), and is the Plaintiff’s member who applied for parcelling-out within the period of application for parcelling-out.

Defendant C is a person who occupies the building of this case as a lessee.

(c)

On March 12, 2018, the Plaintiff obtained approval of the management and disposal plan concerning the instant project from the head of Jung-gu Seoul Special Metropolitan City, and the head of Jung-gu Seoul Special Metropolitan City Office announced the management and disposal plan on March 15, 2018.

On May 7, 2019, the plaintiff was authorized to revise the management and disposal plan of the project in this case by the head of Jung-gu Seoul Special Metropolitan City, and the head of Jung-gu Seoul Special Metropolitan City announced on May 9, 2019.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 5, 7, and 8 (including various numbers), and the purport of the whole pleading

2. According to the main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance and Improvement of Urban Areas”), when a person holding a right, such as the owner, superficies, leaser, etc. of the previous land or building in a redevelopment project gives a public notice as to whether he/she is a management and disposition plan, he/she shall not use or profit from the previous land or building until the date of public notice of transfer under Article 86 of the same Act, and the redevelopment association, which is a project developer, may use or profit from the previous land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts of recognition, the Defendants shall have the right to use or benefit from the building of this case by the authorization and public notice of the management and disposition plan concerning the project

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