건물명도
1. The Plaintiff, 1. Defendant B: (a), (b), and (c) indicated in the annex No. 1 floor of the building listed in the annex No. 1.
1. Determination on both arguments
A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), the Plaintiff, who is a project implementer, obtained authorization from the head of Jung-gu Seoul Metropolitan Government on January 22, 2015, and then, at that time, the details of such authorization were publicly announced (O of public announcement in Jung-gu Seoul Metropolitan Government) and the Defendants possessed each part of the building listed in the relevant column of paragraph (1) of this Article, may be acknowledged either as a dispute between the parties or as a whole by adding the whole purport of the pleadings to each part of the building listed in the relevant column of paragraph (1)
According to these facts, barring any special circumstance, the Defendants whose use or profit-making has been suspended as a lessee pursuant to the above public notice of approval of the management and disposal plan is the project implementer, and the Defendants are obligated to deliver each of the above buildings owned by the Defendants to the Plaintiff who lawfully acquired the right to use or profit
(See Supreme Court Decision 2012Da62561 Decided July 24, 2014, etc. (see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014; whether the Plaintiff has lawfully acquired ownership of each of the above buildings is not a fact that is necessary
With regard to this, some Defendants asserts as follows.
(1) It is unlawful for the Plaintiff to request the issuance of the instant building against the Defendants without going through the conference procedure of the Urban Dispute Mediation Committee without going through the conference procedure of the City Dispute Mediation Committee, as well as without going through more than five consultation pursuant to the “Operation Plan of the Prior Consultative Body” submitted by the Plaintiff
(2) The Plaintiff is obligated to establish the “resident and relocation measures” for tenants, and thus, the Defendants, etc. are entitled to receive compensation for resettlement by analogy of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) at least.