건물명도
1. The defendant shall each issue to the plaintiff in sequence 1, 2, 3, 4, and 1 of the annexed drawings among the 1st floor of the building listed in the annexed list.
1. Comprehensively taking account of the purport of the entire arguments as to the basic facts set forth in the evidence Nos. 1 through 9 (including household numbers), the Plaintiff is an association that implements a housing redevelopment improvement project (hereinafter “instant rearrangement project”) within Mapo-gu Seoul Mapo-gu Seoul pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); the management and disposal plan for the instant rearrangement project was authorized and publicly announced on December 2015; the Defendant occupied the ownership of real estate as a lessee of the real estate set forth in the attached list located within the instant rearrangement project zone; and the Plaintiff deposited the compensation for losses set forth in the Seoul Metropolitan City local Land Expropriation Committee’s decision for expropriation of the said real estate on March 2017.
2. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “When approval or announcement of a management and disposal plan has been made, a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54: Provided, That this shall not apply to a right holder whose consent has been obtained from a project implementer or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.” Accordingly, due to the authorization and public announcement of a management and disposal plan,
In this regard, the defendant argues that the amount of compensation according to the expropriation ruling is too small, so it is impossible to respond to the plaintiff's claim. However, if there is a dispute over the amount of compensation, the defendant files an administrative litigation against the expropriation ruling that determines the amount of compensation.