건물인도
1. The Defendant shall deliver to the Plaintiff the third floor of 128.34 square meters among the real estate indicated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a size of 18,320 square meters in Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The Plaintiff was authorized by the head of Daegu Metropolitan City, the head of the Gu on December 17, 2009 to establish the association, and on August 16, 2019, the management and disposal plan of the instant improvement project was approved, and the said authorization was publicly notified on August 20, 2019.
B. On February 18, 2019, the Defendant submitted to the Plaintiff an application for parcelling-out in accordance with Article 72(3) of the Urban Improvement Act, Article 59 of the Enforcement Decree of the same Act, and Article 33 of the Daegu Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments.
C. The Defendant currently occupies and uses the third floor of 128.34 square meters (hereinafter “the part occupied in this case”) among the instant real estate.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim provides that "any holder of a right, such as the owner of the previous land or building, superficies, leaseer, etc. (hereinafter referred to as "owner, etc.") shall not use or benefit from the previous land or building by the date of the public announcement of transfer under Article 86, unless special circumstances exist, unless the defendant is the owner of the real estate of this case and the public announcement of the management and disposal plan of this case can no longer use or benefit from the previous land or building pursuant to the Act on the Maintenance of Urban Areas and Dwelling Conditions, and is obligated to deliver this to the plaintiff who is the project implementer.
3. The defendant's defense and judgment.