건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for the establishment of a project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by the head of Seongbuk-gu Seoul Metropolitan Government having a size of 17,850 square meters as a project implementation district.
B. The defendant is the owner of the real estate listed in the attached list within the project implementation district.
C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on March 20, 2014, and publicly announced the authorization to implement the project on October 13, 2015, and approved the management and disposal plan on March 31, 2016 (hereinafter “the instant management and disposal plan”), and announced it on the same day.
The Plaintiff deposited KRW 32,217,170,170 in total of the land compensation, obstacles compensation, and late payment charges prescribed by the above expropriation ruling on September 6, 2018 by the local Land Tribunal of Seoul Special Metropolitan City on July 27, 2018 with the Defendant as the depositee.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4-2, 5-4 evidence 1, 2, and 6-4, and the purport of the whole pleadings
2. Determination:
A. When the public notice of the approval of the management and disposal plan under Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017) regarding the cause of the claim is given, the use and profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall be suspended and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant is obligated to deliver the real estate indicated in the attached list, which the Defendant occupies in accordance with the public notice of the management and disposal plan
B. The defendant's judgment on the defendant's assertion shall pay interest in arrears.