건물명도(인도)
1. The Defendants shall deliver each of the real estate listed in the separate sheet to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project whose size is 24,558 square meters of land in Seoul Special Metropolitan City E-gu.
B. On March 8, 2018, the head of Gwanak-gu Office approved and publicly notified the Plaintiff’s management and disposal plan.
C. Defendant B is the owner of the real estate indicated in the separate sheet located in the Plaintiff’s rearrangement zone (hereinafter “instant real estate”). Defendant C and D occupy the instant real estate as the lessee of the instant real estate.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. The main text of Article 81(1) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of transfer under Article 86.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure shall be suspended, and the project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2009Da53
Therefore, the Defendants whose use and profit from the instant real estate has been suspended according to the notice of the above management and disposal plan is obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and profit from the instant
3. Conclusion, the Plaintiff’s claim against the Defendants is accepted in entirety.