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. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6, Gap evidence 7, and Gap evidence 8, and the whole purport of the pleadings.
The Plaintiff is a Housing Redevelopment Development Project Association established to implement housing redevelopment improvement project (hereinafter “instant improvement project”) with a housing redevelopment project area of 80,836.0 square meters in Seoul Special Metropolitan City, Gwanak-gu.
B. The Plaintiff was authorized to establish the association on February 1, 2008 by the head of Gwanak-gu in Seoul Special Metropolitan City, project implementation authorization on November 12, 2009, project implementation authorization on May 22, 2014, and project implementation authorization on February 17, 2015 (hereinafter “instant management and disposal plan”). The head of Gwanak-gu in Seoul Special Metropolitan City announced the instant management and disposal plan on February 17, 2015.
C. The real estate listed in the separate sheet (hereinafter “instant real estate”) is located within the implementation zone of the instant rearrangement project, and the Defendant owns the instant real estate.
The defendant was a member of the plaintiff, but did not file an application for parcelling-out, and possessed the real estate of this case as of the date of closing argument of this case.
2. When the approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), for the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended, and the project implementer may use and benefit from the former, pursuant to the main sentence of Article 49(6) (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). In the instant case, the head of Gwanak-gu in Seoul Special Metropolitan City and the head of Gwanak-gu in Seoul Special Metropolitan City publicly notified of the management and disposal plan of the instant case concerning the rearrangement project on February 17,