건물명도(인도)
1. The Defendant shall deliver to the Plaintiff the 4th floor of 62.85 square meters among the buildings listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts: (a) The Plaintiff is a housing redevelopment and rearrangement project association with the project implementation district of Eunpyeong-gu Seoul Metropolitan Government one of the 66,062 square meters, and the head of Eunpyeong-gu Seoul Metropolitan Government grants approval for the management and disposal plan of the housing redevelopment improvement project implemented by the Plaintiff on May 1, 2017 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).
4. The notice was made.
B. On January 13, 2017, the Defendant leased and occupied 62.85 square meters of the 4th floor among the buildings indicated in the attached list within the implementation zone of the redevelopment project of the said housing (the instant real estate).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Assertion and determination
A. According to Article 49(6) of the former Act, when a management and disposal plan of a housing redevelopment project implementor is approved and publicly notified, the right holder of the previous land or structure shall lose the right to use or profit from the previous land or structure as stipulated in the management and disposal plan, and the project implementor shall remove the existing structure or acquire the right to dispose of or use the existing structure through other methods. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is the implementer of the housing redevelopment project.
B. The defendant asserts that the plaintiff cannot respond to the plaintiff's claim before the relocation measures are formulated or the compensation for losses such as directors are paid.
However, since the right to move to a residential building tenant's right to move, such as a right to claim for relocation expenses, director's right to claim compensation, and temporary accommodation facilities recognized as a part of a "living compensation" due to a legally implemented public works, the lawsuit surrounding such compensation is not a civil lawsuit, but an administrative litigation that covers the legal relationship under public law.