건물명도
1. The Plaintiff:
A. Defendant B and C are the buildings listed in the attached Table No. 1.
B. Defendant D shall have the buildings listed in the separate sheet (2).
1. Basic facts
A. The Plaintiff is a housing redevelopment development and rearrangement project association established to implement a housing redevelopment and rearrangement project with the area of 80,145 square meters in Seongbuk-gu Seoul Seongbuk-gu, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on July 30, 2008; authorization for the establishment of the association on February 13, 2015; authorization for the establishment of the association on July 21, 2009; authorization for the implementation of the project on February 25, 2015; and authorization for the implementation of the project on February 24, 2015 pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on February 26, 2015.
B. Defendant B and C are the owners of the buildings listed in the attached Table No. 1, Defendant D are the owners of the buildings listed in the attached Table No. 2, Defendant E is the owners of the buildings listed in the attached Table No. 3, Defendant F is the owners of the buildings listed in the attached Table No. 4, Defendant G, H and I as the owners of the buildings listed in the attached Table No. 5 through No. 7, and the Defendants occupy and use each of the above buildings.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination
A. When the determination of the management and disposal plan regarding the cause of the claim is publicly notified, 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 Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts, the Defendants are obliged to deliver to the Plaintiff, since they occupy each of the above buildings located within the project implementation district,
B. The Defendants asserted that they cannot respond to the Plaintiff’s claim prior to the expropriation ruling and the payment of compensation (additional payment). However, the executor of the housing redevelopment rearrangement project stipulated in the adjudication of expropriation by the competent Land Tribunal.