건물명도(인도)
1. The Plaintiff:
A. Defendant B shall list the annexed sheet
1.A building to be described:
B. Defendant G respective buildings listed in the separate sheet 10.
1. According to the facts of recognition Gap's evidence Nos. 1 through 6 (including each number), the defendants are the owners of each real estate listed in the separate sheet (hereinafter referred to as "the pertinent real estate"), and the plaintiff is a housing redevelopment and consolidation project association in the area where the pertinent real estate is located, which is the relevant area (hereinafter referred to as "improvement zone in this case"), after receiving the approval of the management and disposal plan on March 21, 2016, and publicly notified on March 24, 2016.
2. According 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 “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), when a management and disposal plan is publicly announced, the owner of the previous land or building cannot use or benefit from it, and the project implementer can use or benefit from it. Thus, according to the above findings, the Defendants are obligated to deliver the pertinent real estate to the Plaintiff
3. As Defendant B and G’s defense was not paid each of the compensation for expropriation by the Plaintiff, Defendant B and G cannot deliver each of the pertinent real estate.
According to the evidence evidence No. 7, the plaintiff may recognize the fact that the local Land Tribunal of Seoul Special Metropolitan City deposited the full amount of compensation (Defendant B 681, 261, 740 won, G1,046, 582,530 won) for each of the above Defendants.
Therefore, the defendants' defense is without merit.
4. Defendant C, D, E, F, and H’s defense asserted by Defendant C, D, E, F shall claim from the Plaintiff that each of the pertinent real estate cannot be transferred to the Plaintiff until the settlement funds, housing relocation expenses, and directors’ reimbursement as follows are completed:
CD EIF H H Article 49(6) proviso of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”) has not been completed.