건물명도
1. The Plaintiff:
A. Defendant B is attached to the first floor of the real estate listed in paragraph 1 of the attached Table.
2. Drawings 1, 2, 5, 6, 1-1.
1. Determination as to each claim against Defendant B and C
A. The Plaintiff is a housing reconstruction project association approved by the head of Jung-gu Seoul Metropolitan Government pursuant to the Urban Improvement Act on September 4, 2008.
(2) On June 21, 2013, the Plaintiff obtained authorization from the head of Jung-gu Seoul Special Metropolitan City head of Jung-gu to implement the project with the implementation area of 68,255.8 square meters in Jung-gu, Seoul. The Plaintiff was authorized to implement the management and disposition plan on January 22, 2015, and was publicly notified.
(G) (3) Defendant B shall be subject to the attached Form No. 1 of the real estate stated in the attached Table No. 1 of the Jung-gu Seoul Metropolitan Government.
2. Part 37.40 square meters inboard connecting each point in sequence 1, 2, 5, 6, and 1 of drawings, and part 37.40 square meters in case of Defendant C, of the real estate listed in paragraph (1) of the attached Table.
2. Each lessee of a part of 37.40 square meters in the ship which connects each point of 2, 3, 4, 5, and 2 of drawings, which is currently possessing each of the above parts.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
B. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendants whose use or profit has been suspended as a lessee pursuant to the above public notice of approval of the management and disposal plan are obligated to deliver the pertinent building owned by the Defendants to the Plaintiff who lawfully acquired the right to use or profit from the said building as the project implementer,
(see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014).
(1) As to the Defendants’ assertion, the Defendants asserted to the following purport:
Although the purport of Defendant B’s assertion is somewhat unclear, it may be detrimental to the purport of demanding compensation as stated in the above paragraphs (a), (b), and (c).
(A) Seoul Metropolitan Government requires the central government to enact a compensation law for tenants in order to find out the right of tenants who are not protected by law, and has prepared an institutional device called “pre-consultative body”.