건물명도
1. The Defendant shall deliver to the Plaintiff the 51.73 square meters of the branch floor among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Article 49 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan pursuant to paragraph (2), publish the contents thereof in the official bulletin of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "the owner, superficies, leaseer, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation pursuant to Article 54."
The Plaintiff is a housing redevelopment and rearrangement project association established to implement a project implementation district with a scale of 62,245.80 square meters in Mapo-gu Seoul Metropolitan Government, and the Plaintiff received a management and disposal plan from the head of Mapo-gu on December 8, 2014 and announced it on March 12, 2015; the Defendant leased and occupied a 51.73 square meters of a branch floor among real estate listed in the attached list (hereinafter “instant building”); and the fact that the instant building is located in the project implementation district of Mapo-gu, Seoul Metropolitan Government may be recognized by the entry of the evidence A or 7.
In light of the above legal principles, the defendant is obligated to deliver the building of this case to the plaintiff, who is the implementer of the improvement project of this case.
Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.