건물인도
1. The Plaintiff:
A. Defendant B delivers a building listed in the separate sheet;
B. Defendant C is among the buildings described in the above paragraph (a).
1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's written evidence Nos. 1 through 3, the plaintiff can be acknowledged on Nov. 16, 2005 as a cooperative which obtained authorization of establishment from the head of the Nam-gu Busan on Apr. 4, 2013 from the head of the Si/Gun/Gu on Apr. 10, 201 to a cooperative which obtained authorization of establishment from the head of the Gu in accordance with Article 49 of the Act on the Improvement of Urban and Residential Environments (hereinafter "Urban Improvement Act"), and the above authorized management and disposal plan was publicly notified on Apr. 10, 201, as the owner of the building in the attached list (hereinafter "the building in this case") located within the above redevelopment improvement project zone, and the defendant C is the lessee possessing the first floor among the building in this case.
According to Article 49 (6) of the Urban Improvement Act, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, may not use or benefit from the previous land or building, and the project implementer may use or benefit from the former land or building. According to the above recognized facts, the Plaintiff, the Defendant B transferred the instant building to the Plaintiff, and the Defendant C has a duty to leave the building from
2. Defendant C’s assertion, etc. asserts that the term of the lease agreement concluded with Defendant C remains until February 15, 2017, and that the lessee has the opposing power for five years under the Commercial Building Lease Protection Act, and that the Plaintiff’s eviction claim cannot be accepted.
As seen earlier, the owner or lessee of a building located within the redevelopment improvement project zone shall lose his/her right to use and benefit from the time when the approval of the management and disposal plan is publicly announced in accordance with the Urban Improvement Act.