건물명도
1. The Plaintiff:
A. Defendant D marks 1, 2, 5, 6, and 1 of the attached Form 3 drawings among the two floors of the building listed in the attached list.
1. The grounds for the plaintiff's claim are as shown in the annexed sheet.
2. Determination
A. Judgment of deemed confession against Defendant D, E, or F (Article 208(3)2 of the Civil Procedure Act)
B. According to the evidence Nos. 1 through 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendants are obligated to deliver to the Plaintiff, who is the maintenance project implementer, the part of the building (hereinafter “instant building”) occupied pursuant to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
(2) As to the above Defendants’ assertion and determination, they asserted that they cannot deliver the instant building before receiving the compensation for loss as prescribed by the Urban Improvement Act as a lessee of the instant building.
Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “If a public announcement of a management and disposal plan has been made, the owner, etc. of the land or structure shall not use the previous land or structure until the public announcement of the transfer under Article 54 has been made.” However, the proviso of the same Article provides that “the same shall not apply to cases where a right holder has not been completed with the consent of a project operator or compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works Projects, etc. for the transfer of land or structure within a rearrangement zone is insufficient only with the approval and public announcement of a management and disposal plan for the transfer of land or structure from a lessee, and it is required to pay business compensation, etc.