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(영문) 서울중앙지방법원 2020.04.22 2018가단5127272
건물명도(인도)
Text

1. Defendant B shall deliver each of the buildings listed in the attached Table 4 to the Plaintiff, and Defendant D shall deliver each of the buildings listed in the attached Table 5 to the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project partnership that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents ("Urban Improvement Act") to implement the Seocho-gu Seoul Metropolitan Government E-Japan reconstruction project

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and publicly notified the Seocho-gu public notice of the management and disposal plan on December 28, 2017.

C. Attached real estate is located in the project implementation district, and the Defendants occupy it as lessee.

【Non-Dispute】

2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that “Any holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public notice of transfer under Article 86, unless there are grounds stipulated in each of the following subparagraphs, unless there is a public notice of the approval of the management and disposal plan under

Since the public notice of the approval plan for the management and disposal plan has been given to the plaintiff, the plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, and for this purpose, the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer.

Therefore, the Defendants should deliver the occupied building to the Plaintiff, barring special circumstances.

3. Judgment on the defendants' dispute

A. The Defendants who violated procedures, such as prior consultation, asserted that the head of Seocho-gu should complete the prior consultative body and submit an operational plan prior to the application for authorization of management and disposal under the condition that the project implementation plan is approved, but the Plaintiff could not comply with the request.

In order to smoothly resolve disputes arising from the implementation of redevelopment projects, reconstruction projects, etc., the prior consultative body shall be held on January 5, 2017 by Seoul Special Metropolitan City.

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