건물명도(인도)
1. The defendant points out each part of the building indicated in the list of real estate attached to the plaintiff with the indication of 2, 3, 4, 5, and 2 of the same drawings.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership that has obtained approval from the head of Seongbuk-gu Seoul Metropolitan Government as a project implementation district for the establishment of the association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
B. The Defendant occupies the real estate stated in Paragraph (1) of this Article (hereinafter “instant real estate”) located within the said project implementation district.
C. The head of Seongbuk-gu authorizing and publicly announcing the project implementation plan on April 30, 2010 to the Plaintiff, and authorizing and publicly announcing the management and disposal plan on October 11, 2018 (hereinafter “management and disposal plan of this case”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan as determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced, a right holder, such as the owner of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer
The fact that the management and disposal plan of this case was announced on October 11, 2018 is as seen earlier, and thus, the Plaintiff acquired the right to use and benefit from the instant real estate located within the project implementation district. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate possessed by it to the Plaintiff, barring any special circumstance.
B. The defendant's assertion that since the defendant did not receive a business compensation, he/she may not comply with the plaintiff's request for transfer of real estate pursuant to the proviso of Article 81 (1) and Article 81 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents since he/she did not receive a business compensation, but the plaintiff cannot be recognized as having operated his/her business before April 30, 2010.