건물명도
1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to each of the Gap evidence Nos. 1 through 5 (including each number) as to the cause of the claim, the defendants are tenants of each of the pertinent real estate, who operate the business places as specified in the attached Table, and the plaintiff can recognize the fact that the plaintiff is a housing redevelopment and consolidation project partnership in the area where each of the relevant real estate is located and is publicly notified on September 13, 2016 as to the relevant area (hereinafter the rearrangement zone in this case) on the same day.
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 (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same), when a management and disposal plan is publicly announced, the lessee of the previous land or structure may not use or benefit from it, and the project implementer may use or benefit from it. Thus, according to the above facts of recognition, the Defendants are obligated to deliver the instant real estate to the Plaintiff, the project implementer, except in extenuating circumstances.
2. The Defendants asserted that they could not respond to the Plaintiff’s request for extradition since they did not receive compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).
According to the proviso of Article 49(6) of the former Act, the same shall not apply to the case of a right holder whose compensation for losses under Article 40 and the Public Works Act has not been completed.
Furthermore, in full view of the relevant provisions of Article 49(6) main sentence of the former Act, Article 62 of the Act on the Improvement of Urban Areas and Public Works Act, including Article 62 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, in order for a project implementer to deliver land or buildings within an improvement zone to start construction works, the management and disposal plan’s approval and public announcement is insufficient, and the amount of business compensation determined by the consultation or adjudication procedure.