건물명도(인도)
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. The foregoing.
1. The facts subsequent to the facts of recognition may be acknowledged either in dispute between the parties or in the entries in Gap evidence 1 to 6, and 8 (including paper numbers), by integrating the whole purport of the pleadings.
The Sungnam-gu Mayor designated the Plaintiff as the implementer of the C Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Improvement Project”) to be implemented on the 233,366 square meters of Jung-gu Seoul Special Metropolitan City B in Seongbuk-gu, Sungnam-gu, and announced it.
B. On December 4, 2009, the Sungnam City approved the implementation plan of the instant rearrangement project on the same day, and publicly notified it on the same day, and on February 5, 2016, approved the amendment plan to the implementation plan of the instant rearrangement project as D public notice of Sungnam-si.
C. The Plaintiff established a management and disposal plan of the instant improvement project, and on November 7, 2016, the Sungnam City approved the said management and disposal plan as E publicly notified by Sungnam-si.
A building indicated in the attached list located within the instant improvement project zone (hereinafter “instant building”) is originally owned by F, and F applied for parcelling-out to the Plaintiff on April 22, 2016, and the Defendant, as a lessee, is in possession and use of the said building up to the date.
2. Determination as to the cause of action
A. According to the relevant legal principles and Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, where a management and disposal plan is authorized and the public notice is made, the owner, superficies, leasee, right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure until the public notice of relocation is given under Article 54 of the same Act
(See Supreme Court Decision 91Da22094 delivered on December 22, 1992, etc.). B.
Judgment
Based on the above legal principles, the Plaintiff’s management and disposal plan for the instant rearrangement project was authorized on November 7, 2016 and announced publicly. Therefore, the Defendant, a lessee of real estate in the project implementation district, barring any special circumstance.