건물명도(인도)
1. The Plaintiff:
A. Defendant B delivers the real estate listed in the Appendix No. 8;
B. The defendant C shall list attached Form 13.
In fact, the plaintiff is a reconstruction association which has been established for the purpose of removing the E apartment and F apartment from the D members of the Nam-si, Namyang-si, and constructing a new apartment.
The Defendants are tenants who leased and occupy the real estate of the attached Forms 8, 13 from the owners of the above E apartment and the F apartment.
The Plaintiff received authorization for the implementation of the project on December 14, 2016 from the Namyang City Mayor, and received the authorization for the implementation of the project on September 25, 2017.
[Ground] Defendant B: According to the main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply), when the approval of a management and disposition plan is publicly announced, the owner, superficies, lease holder, etc. of the previous land or building may not use or profit from the previous land or building until the date of the public announcement of the transfer under Article 81 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Article 208(3)2 of the Civil Procedure Act).
According to the facts examined above, the Defendants have the duty to deliver each of the real estate stated in the text to the Plaintiff.
Defendant C’s assertion that the claim of this case cannot be complied with before the refund of the lease deposit for the part of his possession is made. However, the above Defendant presented specific lease deposit or failed to submit relevant materials.
There is no evidence to acknowledge that Defendant C paid the lease deposit with respect to the real estate possessed by Defendant C.
The defendant's above assertion is without merit.
In conclusion, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.