건물명도(인도)
1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the Jeju Northern-gu Seoul Northern-gu D.
B. On March 23, 2015, the Plaintiff obtained authorization from the head of the Gu from North Gwangju Metropolitan City, and obtained authorization to implement the project on March 31, 2017.
After that, on November 15, 2017, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on November 16, 2017.
C. The Defendants are co-owners of real estate in the annexed list located within the execution zone of the instant project (hereinafter “instant real estate”), who completed the application for parcelling-out within the Plaintiff’s application period for parcelling-out.
The Defendants possessed the instant real estate after the management and disposal plan of the instant rearrangement project was authorized and publicly announced to the present.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the owner, superficies, person holding a right to lease, lease, lease, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 86, when the public announcement of the approval of the management and disposal plan is made under Article 78(3)." The fact that the authorization of the management and disposal plan of this case was issued on November 15,
Therefore, the Defendants, a co-owner of the instant real estate within the execution zone of the instant project, are obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and benefit from the real estate as the implementer
On the other hand, the defendants appeared at the date of pleading later, and the full bench served a copy of the complaint to the address of the defendants stated in the complaint, but when it is impossible, the court ordered the correction of address.