건물인도
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. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in the statement in the evidence Nos. 1 through 7, the Plaintiff is a redevelopment and consolidation project association with the area of project implementation consisting of the area of 75,338 square meters, including real estate listed in the separate sheet (hereinafter “instant real estate”), and the head of Bupyeong-gu Incheon Metropolitan City authorizing the Plaintiff’s project implementation on April 10, 2019 and publicly notified the same date. The Incheon Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation of the instant real estate on September 25, 2019, and the Plaintiff deposited the compensation amount of KRW 1,211,495,080, and KRW 43,776,60 as determined by the above expropriation ruling with the deposited person as the Defendant on November 18, 2019.
According to the above facts, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance of Urban and Residential Environments, the defendant is obligated to deliver the instant real estate to the plaintiff
2. Judgment on the defendant's assertion
A. The Defendant’s assertion (1) that the Plaintiff left the Plaintiff’s partnership, and thus does not have any obligation to comply with the Act on the Maintenance of Urban and Residential Environments, and (2) that the Plaintiff permits the retention of commercial buildings and Diplomatic Association and seeks delivery only to the Defendant, does not comply with the principle of equity. 3 It is unreasonable that the Plaintiff’s unilateral appraisal at
B. In the judgment, the main sentence of Article 81 of the Act on the Maintenance of Urban Areas and Residential Environments is not limited to the members of the association. ② There is no evidence to deem that the Plaintiff is seeking to deliver only to the Defendant, and even if the Defendant is seeking to deliver only, the Plaintiff cannot be deemed to have a duty to seek delivery at the same time to all the occupants. ③ The Plaintiff is liable to compensate the Defendant for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).