건물명도
1. The Defendants shall deliver each of the buildings listed in the separate sheet to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
1. As to the claim against the defendant B
A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. As to the claim against the defendant C
A. 1) The Plaintiff is deemed to have established the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which is established with the area of 238,764m2 as the Plaintiff’s business district in Busan-gu.
(2) On May 4, 2016, the Plaintiff obtained the authorization of the management and disposal plan for the redevelopment project, and the said authorization was publicly notified on May 11, 2016.
3) Defendant C is a building listed in the separate sheet in the project area (hereinafter “instant building”).
(A) The building of this case is occupied and used as a tenant. [The each entry of the evidence A(1) through (8) and the purport of the whole pleadings are as follows.]
B. Article 49(6) of the Act on the Determination of Grounds for a Claim provides that “When the authorization of a management and disposition plan is publicly notified, the owners, superficies, persons having rights to the previous land or buildings, persons having rights to lease on a deposit basis, lease on a deposit basis, etc. shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54 of the same Act.” If the public announcement of the authorization of a management and disposition plan is made pursuant to the above provision, the use or profit of the owners, etc. of the previous land or buildings shall be suspended, and the project implementer may use or profit from the former land or buildings, and the
(see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, Defendant C, for whom use or profit-making has been suspended, is currently in possession of the Plaintiff who lawfully acquired the right to use or profit-making benefit from the instant building as a project implementer, barring any special circumstance.