Text
1. The Plaintiff:
A. Defendant B: (a) the building listed in the annexed Table 1;
B. Defendant C is written in the annexed building list 2.
Reasons
1. Facts of recognition;
A. On February 8, 2017, the Plaintiff obtained authorization for the establishment of a project implementation plan from the head of Yeongdeungpo-gu Office on February 8, 2017 for the purpose of implementing the Seoul-gu Street Housing Maintenance Project, and obtained authorization for the project implementation plan from the head of Yeongdeungpo-gu Office on November 1, 2019, and the authorization for the project implementation plan was publicly notified on November 7, 20
B. The Defendants leased and possessed the building located within the project implementation district (the text part).
[Reasons for Recognition] Defendant B, C: A without dispute, each entry in Gap 1 through 4 (including the number of each branch; hereinafter the same shall apply), Defendant D and E with the purport of the entire pleadings as a whole (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. The right holder, such as the lessee of the previous land or building, can not use or benefit from the previous land or building until the date of the public announcement of transfer when the project implementation plan is approved (the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”).
(1) The Defendants are obligated to deliver to the Plaintiff the part possessed by the Defendants within the project implementation district, barring special circumstances.
B. As to Defendant B and C’s assertion, Article 37(1) proviso 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that the project implementer’s right to request extradition is not recognized. However, since the Plaintiff did not compensate the Defendants for losses, the Plaintiff’s right to request extradition against the Defendants cannot be acknowledged. (2) Article 56 of the Act on the Maintenance and Improvement of Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”), Articles 27 and 36 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the method of consent by the owners of land, etc., and designation of the project agent.