건물명도(인도)
The Defendants deliver to the Plaintiff the real estate listed in the attached list.
The costs of lawsuit shall be borne by the Defendants.
1. Basic facts
A. The Plaintiff is a reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant project”) with the approval from the head of Gwangjin-gu Seoul Special Metropolitan City on July 27, 201 for the establishment of a reconstruction project on August 3, 201 for the purpose of implementing a reconstruction project for D members of Seoul Special Metropolitan City (hereinafter
B. On September 20, 2012, the head of Gwangjin-gu approved the Plaintiff’s implementation of the instant project, announced its contents on September 27, 2012, and announced the management and disposal plan formulated by the Plaintiff on October 18, 2017.
C. Defendant B is the owner (members) of a building indicated in the attached list located within the implementation zone of a housing redevelopment project under the above management disposal plan, and the network E is the deceased on November 25, 2017 after leasing part of the building indicated in the same list from Defendant B, and Defendant C occupies the said building as the heir of the network E.
[Reasons for Recognition] Defendant B: Article 150(1), (3), and Defendant C of the Civil Procedure Act: The absence of dispute, each entry in the evidence Nos. 1 through 6, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the main sentence of Article 49(6) of the former Urban Improvement Act (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) regarding the cause of the claim, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act, if the public announcement of the management and disposal plan is made.
The facts that the management and disposal plan was approved and publicly announced as to the project of this case are based on the above facts, and the defendants lost their right to use and benefit from each of the buildings listed in the attached Table.
The plaintiff is obligated to deliver each part of the possession to the plaintiff.
B. Determination of Defendant C’s assertion