건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate listed in the attached real estate list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that promotes a reconstruction project for multi-family housing and ancillary facilities on the site of Gangnam-gu Seoul Special Metropolitan City C day-won 399,741.7 square meters, and the Defendant is the lessee of the real estate in the attached list located in the site of the reconstruction project (hereinafter “instant
B. The Plaintiff received the authorization from the head of Gangnam-gu Office to establish an association on October 14, 2003, the authorization to implement the project on April 28, 2016, and the authorization to implement the management and disposal plan on April 6, 2018, respectively, and the head of Gangnam-gu notified the head of the management and disposal plan on April 13, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-2, Gap evidence 7-2, the purport of the whole pleadings
2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims, when the authorization of the management and disposal plan under Article 78(4) of the Act is publicly notified, the owner, superficies, leaseer, etc. of the previous land or buildings may not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 86 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents.
Therefore, the defendant shall be deemed to have suspended the use and profit-making as the lessee in accordance with the notice of approval of the management and disposal plan, and the project implementer has the duty to deliver the real estate of this case to the plaintiff who acquired the right
In regard to this, the defendant asserts that the plaintiff's members committed an illegal act, the plaintiff's fault and aggravated the defendant's disease due to the plaintiff's mistake, and the plaintiff's compensation for damages or losses should be paid by the
The plaintiff's union members committed an illegal act.
It is proved that the plaintiff's mistake caused illness to the defendant and aggravated.