건물명도(인도)
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. Facts of recognition;
A. On June 9, 2006, the Plaintiff is a housing redevelopment and consolidation project association established with the purpose of implementing a housing redevelopment and rearrangement project by making the total area C of Busan as an improvement zone of 239,340 square meters pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. The Defendant, as the owner of the real estate in the attached list located in the above improvement zone (hereinafter “instant real estate”), applied for the application for parcelling-out to the Plaintiff within the final period of application for parcelling-out notified by the Plaintiff, and possessed the instant real estate up
C. On May 4, 2016, the Plaintiff established a management and disposal plan based on the application for parcelling-out by its members, including the Defendant, and received a management and disposal plan from the head of the Busan Annual Office, and the above management and disposal plan was publicly notified on May 11, 2016.
On the other hand, on December 10, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the Defendant on December 10, 2018 by setting the compensation amount of KRW 83,324,660 (=business loss of KRW 76,374,660 for relocation of facilities) and the starting date of expropriation as February 7, 2019.
E. On January 31, 2019, the Plaintiff refused to receive the above compensation, and deposited the compensation for losses as stipulated in the above expropriation ruling with the Busan District Court Decision No. 434, Jan. 31, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 9, 10 (including additional evidence) and the purport of the whole pleadings
2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017) regarding the cause of a claim shall be determined; when the owner, superficies, person having a right, lease right, etc. of the previous land or buildings publicly notify the approval of a management and disposal plan under Article 78(4) of the same Act, a person having a right, such as the owner, superficies, lease right, etc., of the previous land or buildings, may use and benefit from the previous land or