건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list No. 1.
2. The costs of lawsuit shall be borne by the defendant.
1. Facts of recognition;
A. The plaintiff is a project implementer of "AAAB Housing Redevelopment Improvement Project", and the defendant is a person who operates a pharmacy in the real estate specified in attached Table 1 (hereinafter "the building of this case") located within the above project area.
B. On March 2, 2017, the management and disposal plan was publicly announced regarding the above rearrangement project.
C. On June 22, 2018, the Seoul Special Metropolitan City Regional Land Expropriation Committee set the business compensation for the Defendant as KRW 36,750,00, and the starting date of expropriation as August 10, 2018.
On August 10, 2018, the Plaintiff deposited the above compensation with the Seoul Northern District Court.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-7, Gap evidence 3-2, Gap evidence 4-9, the purport of whole pleadings
2. Determination on the cause of the claim
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “If a person holding rights, such as the owner of the previous land or building, has publicly notified the approval of the management and disposal plan, he/she shall not use or benefit from the previous land or building until the date of the public notice of transfer, but the same shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) has not
Meanwhile, according to the Public Works Act applicable mutatis mutandis to the expropriation or use of ownership of land or buildings for implementing a rearrangement project and other rights in an improvement zone under Article 65 (1) of the Urban Improvement Act, a project operator shall acquire ownership of land or goods at the commencement date of expropriation (Article 45 (1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40 (1) and (2).