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. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) with respect to housing redevelopment project with respect to the area of 47,953 square meters in Gwangju-si, Gwangju-si, and received an approval for project implementation on September 7, 2017 from the Gwangju-type City, respectively, and the approval for the management and disposal plan for the instant project on March 29, 2019, and the Gwangju-type City announced the above management and disposal plan on the same day (hereinafter “instant management and disposal plan”).
B. The Defendant owns and occupies the real estate listed in the separate sheet in the instant business zone (hereinafter “instant real estate”).
C. The Plaintiff filed an application for adjudication with the Gyeonggi-do Regional Land Tribunal in order to not reach an agreement on the compensation for losses, etc. of the instant real estate with the Defendant, and the said Land Tribunal decided on September 9, 2019 that the date of expropriation will be October 24, 2019 and the Plaintiff would expropriate the instant real estate for the instant project (hereinafter “instant adjudication”).
On October 21, 2019, the Plaintiff deposited the relevant compensation for losses as prescribed by the instant judgment with the Defendant as the principal deposit in the Suwon District Court’s Ansan branch.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings
2. The assertion and judgment
A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a right holder, such as the owner, superficies, a person having a right to lease, a lessee, etc. of the previous land or building, shall not use or benefit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78(4).
However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.
Therefore, it is true.