건물명도(인도)
1. The defendant shall deliver to the plaintiff the building in the annexed sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Indication of claim;
A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the “A district redevelopment and rearrangement project” with the size of 35,133m2 as a rearrangement zone with the size of 35,134m2 in Changwon-si.
B. On October 16, 2017, the Plaintiff received a management and disposal plan from the original market, and the original market publicly notified the management and disposal plan on the same day.
C. The Defendant is the owner of the building indicated in paragraph 1 of the attached list located in the improvement zone, and the Plaintiff’s association has completed the application for parcelling-out in the application period for parcelling-out.
Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, 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 under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May
The defendant whose use or profit has been suspended as the owner in accordance with the notification of the above management and disposal plan is obligated to deliver the building owned by the plaintiff who acquired the right to use or profit as the project implementer.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);