건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project with the area scheduled to implement the project of 132,521.4 square meters of the KRW 132,521 in the Dong Government-si, and was approved for the establishment of a housing redevelopment and rearrangement project association on January 31, 201.
B. On March 31, 2015, the Plaintiff obtained authorization for the implementation of the instant management and disposition plan from the Gu government market on April 31, 2015, the Plaintiff received the authorization for the implementation of 132,479 square meters (the name of the zone E), and received the application for parcelling-out from the members, and subsequently decided to hold a general meeting to formulate the management and disposition plan (hereinafter “instant management and disposition plan”), and the Gu government market approved the instant management and disposition plan on November 4, 2016.
C. On February 25, 2019, after the judgment of the court of first instance was rendered, the Defendant purchased 44.09 square meters of the underground room, which was illegally expanded from C among the instant real estate, as the owner of the Defendant-friendly C household, as the lessee, on February 25, 2019.
C On July 21, 2015, the Plaintiff filed an application for parcelling-out with the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, Gap evidence 5-9, Eul evidence 1, the purport of the whole pleadings
2. Article 49(3) 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 “Urban Improvement Act”) provides that “the head of a Si/Gun shall, when he/she approves a management and disposal plan, publish the details thereof in the official bulletin of the relevant local government.” The main sentence of Article 49(6) of the same Act provides that “the head of a Si/Gun shall, when a public announcement is made pursuant to paragraph (3), notify the owner, superficies, lease holder, etc. of the previous land or building by the date of the public announcement