건물명도(인도)
1. The Plaintiff, the Defendant B, and the Defendant C and D, each of the real estate listed in the attached Table 1, and the real estate listed in the attached Table 2, respectively.
1. The fact of recognition is that the Plaintiff is a housing reconstruction and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Urban Improvement Act) promoting a reconstruction project for multi-family housing and ancillary facilities on the site of Gangnam-gu Seoul E, Seoul, Seoul, and each real estate in the attached Table is located within the site of the above reconstruction project, and the Defendant B occupies and uses it as a lessee of the real estate listed in the attached Table 1. The Defendant C is a lessee of the real estate listed in the attached Table 2, and the Defendant D occupies and uses it as recorded in the attached Table 2
The Plaintiff received the authorization from the head of Gangnam-gu on June 30, 2003, the authorization to establish the association on October 30, 2015, the authorization to implement the project on March 12, 2018, respectively, and the head of Gangnam-gu notified the management and disposal plan on March 16, 2018.
[Reasons for Recognition] Defendant B: Gap evidence 1, 2, Eul evidence 9 through 12, Gap evidence 4 through 6, Gap evidence 7 and 8, Gap evidence 1, 2, defendant C, defendant C, and defendant D: Confession (Article 150 (3) of the Civil Procedure Act)
2. (1) According to the fact of recognition of the obligation to deliver real estate, according to the approval of the management and disposition plan, the defendant cannot use and benefit from each real estate listed in the attached Table pursuant to Article 81 (1) of the Urban Improvement Act, and the defendant has the obligation to deliver it to the plaintiff
(2) As to Defendant B’s assertion, Defendant B asserted that ① a unilateral request for transfer of tenants without relocation measures is unfair, and that they should receive compensation for relocation expenses, etc., but in general housing reconstruction project is not applied or analogically applied to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. ② The Plaintiff violated the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in the Establishment of the Association, and the Plaintiff’s establishment was invalidated by asserting that it violated the Seoul Standard Election Management Regulations, the articles of association, and the Cooperative Election Management Regulations.