건물명도
1. The defendant shall set forth in subparagraph 2 of Dongdaemun-gu Seoul Metropolitan Government (Road Name Address: Dongdaemun-gu Seoul Metropolitan Government D) as the mentmen and roof of the plaintiff.
1. The following facts may be acknowledged in full view of the descriptions of Gap evidence Nos. 1, 2, 3, 5, 9, and 10 and the purport of the whole pleadings.
The plaintiff is an organization consisting of owners of land, etc. that engages in urban environment rearrangement projects by using the area of project of project of the Dongdaemun-gu Seoul Metropolitan Government E 43,281.8 square meters.
B. The Defendant leased and currently occupies and uses the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”), and the said real estate is located in the project implementation district.
C. The head of Dongdaemun-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation on September 11, 2014, and announced it on the same day, and approved the management and disposal plan on November 26, 2015 (hereinafter “the instant management and disposal plan”), and announced it on the same day.
On the other hand, on July 28, 2017, the Seoul Special Metropolitan City Regional Land Tribunal made a ruling of expropriation of the instant real estate on September 15, 2017 (hereinafter “instant ruling of expropriation”) with the starting date of expropriation as of September 15, 2017 for the Plaintiff’s improvement project, and accordingly, on September 1, 2017, the Plaintiff deposited the business loss compensation determined by the said ruling with the Defendant as the depositee.
2. Determination
A. When the public notice of the management and disposal plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim is given, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be suspended, and the project implementer may use
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and benefit in accordance with the notice of the instant administrative disposition plan
B. The defendant's assertion 1 argues that the defendant cannot respond to the plaintiff's claim until he receives adequate compensation for business losses from the plaintiff.