건물인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff removed houses, etc. on the ground of 7,241.2 square meters in Gwangju Northern-gu, Gwangju Metropolitan City, and promoted a street housing maintenance project that constructs new buildings on the relevant site (hereinafter “instant improvement project”). On January 7, 2020, the Plaintiff obtained approval of the project implementation plan from the head of Gwangju Metropolitan City Northern-gu, and the approval of the project implementation plan was publicly announced on January 23, 2020.
B. The Defendant is the owner of the attached real estate located within the instant rearrangement project zone (hereinafter “instant real estate”).
C. On June 23, 2018, the Plaintiff notified the members of the instant improvement project to extend the period for application for parcelling-out from June 23, 2018 to July 12, 2018, and the Defendant applied for parcelling-out on July 11, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-3, 3 through 7, the purport of the whole pleadings
2. The main text of Article 37(1) of the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing Units (hereinafter “Small-Scale Housing Maintenance Act”) provides that “The person holding a right, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building by the date of public announcement of transfer under Article 40, when a project implementation plan is approved.”
According to these regulations, if a project implementation plan for the implementation of a small-scale housing rearrangement project is approved and announced publicly, the owner of the land or building in the project implementation district shall no longer use the land or building, and the project implementer shall have the right to use and profit from it.
As seen in the above facts, as the head of Gwangju Metropolitan City North Korea announced the approval of the project implementation plan on January 23, 2020, the Plaintiff, a project implementer, has the right to use and benefit from the instant real estate, which is a building within the rearrangement project zone, while the Defendant has the right to use and benefit from