건물명도(인도)
1. The defendant shall deliver to the plaintiff one floor among the buildings listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3.
1. The Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in Ansan-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly announced on the same date.
The Defendant is a tenant who leases one floor among the buildings listed in the attached list within the instant redevelopment project zone (hereinafter “instant building”) from D and operates his/her business.
On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the instant building, etc., and the Plaintiff deposited the full amount of KRW 40,083,400 for the Defendant as a depositee on July 18, 2017 according to the ruling of expropriation.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10-1, 3, and 12, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) According to Article 49(6) of the Urban Improvement Act, when the approval of a management and disposal plan for a redevelopment project is granted and a public notice thereof is given, the owner, superficies, leasee, right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure without the consent of the project operator until the date of public notice of relocation under Article 54 of the Urban Improvement Act. The purpose of Article 1 of the Urban Improvement Act, measures to implement a rearrangement project under Articles 36 through 45 of the Act, and Article 47 impose the project operator the duty to liquidate in cash on the owner of the land, etc. excluded from the object of sale, while the subject of sale is removed before the previous building is removed under Article 48 of the Urban Improvement Act.