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(영문) 서울북부지방법원 2019.11.19 2019가단105822
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet (1);

B. Defendant C respective buildings listed in the separate sheet (2).

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization from the head of Dongdaemun-gu Office on December 3, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment and rearrangement project with respect to the housing redevelopment project with respect to the Dongdaemun-gu Seoul Metropolitan Government D Mangy Zone (hereinafter “instant project zone”).

B. On May 10, 2018, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

C. The Defendants are running a business in possession of each of the real estate listed in the separate sheet in the instant business area.

On July 26, 2019, the Seoul Special Metropolitan City Regional Land Expropriation Committee rendered a ruling on each of the Defendants’ respective business compensation, and the Plaintiff deposited each of the Defendants’ respective compensation money in the above ruling.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 4 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is made, the use and profit-making of right holders, such as owners, superficies, persons having chonsegwon, and lessees of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff who acquired a right to use and benefit from each of the instant real estate after receiving the authorization and public announcement of a management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

3. In conclusion, the plaintiff's claim of this case is justified, and the costs of the lawsuit are assessed in consideration of the progress of the lawsuit of this case.

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