건물명도
1. The Defendant shall deliver to the Plaintiff the 2nd floor of 61.03 square meters among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing redevelopment project in the area of 209,014 square meters (hereinafter “instant business area”) located in the Dong-gu, Busan Metropolitan City (hereinafter “instant business area”).
B. On January 11, 2006, the Busan Metropolitan City Mayor designated and announced the instant project area as A Housing Redevelopment Improvement Zone, and the same year.
4. 28. At the same time, the head of the Dong has obtained authorization to establish an association, and has obtained authorization to implement the project on May 13, 2010.
C. Following the Busan Metropolitan City’s partial revision and announcement of the construction ratio of rental housing and housing scale of the improvement project, the Plaintiff also obtained approval for the change of the project implementation plan on August 29, 2014, and publicly notified that the Plaintiff shall apply for parcelling-out from September 17, 2014 to October 16 of the same year, and the said authorization was publicly notified on July 20, 2015.
On February 20, 2017, the Busan Metropolitan City Regional Land Tribunal rendered a ruling of expropriation of the real estate listed in the separate sheet (hereinafter “instant real estate”) (see, e.g., May 4, 2017), and the Plaintiff deposited full amount of compensation KRW 307,153,270 with Nonparty D, the owner of the instant real estate, as the deposit, on May 1, 2017 according to the said ruling of expropriation.
E. The Defendant occupies 61.03 square meters of the second floor among the instant real estate located within the instant business area (hereinafter “instant building”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the above facts of determination as to the cause of the claim, pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), the Plaintiff Union acquired the use of and the right to benefit from the instant building due to the approval and public notice of the above management and disposition plan, and the Defendant lost its use and the right to benefit. Thus, the Defendant is obligated to deliver
3. Judgment on the defendant's assertion
A. Determination as to the assertion that the lessee is a legitimate lessee.