건물명도
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. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the size of 28,01 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district. After obtaining project implementation approval from the head of Dongdaemun-gu Seoul Metropolitan Government on November 10, 201, the Plaintiff obtained approval for the implementation of the project on March 7, 2013 under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of Dongdaemun-gu Seoul Metropolitan Government publicly notified the management and disposal plan on the 1
B. The Defendant is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) located within the said project implementation district, who is subject to cash settlement.
C. On March 27, 2015, the Seoul Special Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation on May 15, 2015 on the instant real estate as the date of expropriation (hereinafter “instant adjudication on expropriation”); and (b) accordingly, on May 12, 2015, the Plaintiff deposited KRW 642,428,770 as compensation for the Defendant on May 12, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, 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, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to
3. The defendant's assertion is judged, but the legal superficies under customary law is established for the real estate of this case.