건물인도
1. The Plaintiff:
A. Defendant B shall have two floors, including the real estate listed in the attached Table 2 and the real estate listed in the attached Table 14.
1. Facts of recognition;
A. On March 22, 2012, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants are the owners or occupants of buildings as stated in paragraph (1) of this Article located within the said project implementation district.
B. On December 20, 2013, the head of Gangnam-gu in Seoul shall publicly notify the Plaintiff of the authorization to implement the project, and publicly notify the authorization to implement the management and disposal plan (hereinafter “the authorization to implement the instant management and disposal plan”) on January 12, 2018.
C. On December 8, 2017 and January 12, 2018, the Plaintiff deposited compensation for losses and additional dues as stipulated in each of the above expropriation rulings by designating the Defendants as respective depositors, according to each of the above expropriation rulings by the local Land Tribunal of Seoul Special Metropolitan City.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc., of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obliged to deliver the Plaintiff who acquired the right to use and profit in accordance with the public notice
3. The defendants' assertion and judgment
A. The Defendants’ assertion (i.e., Defendant B’s objection to the amount of adjudication on expropriation made by the Central Land Expropriation Committee; thus, the building cannot be transferred until the result is seen.
The obligation to deliver the real estate to the defendant G before receiving the relocation expenses, resettlement funds, and directors' expenses.