건물인도
1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. The following facts are acknowledged according to the contents of Gap evidence Nos. 1 and 4 and the purport of the whole pleadings.
A. The plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"). On October 2, 2008, the plaintiff obtained authorization from the head of the Nam-gu Busan Metropolitan Government on the establishment of the project area for the Nam-gu Busan Metropolitan City, as the project area, and the defendant is the owner of the attached real estate located in
B. On January 16, 2014, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government, and the said project implementation authorization was publicly announced on January 22, 2014.
Since then on June 2, 2015, the plaintiff obtained the approval of the management and disposal plan from the head of the Nam-gu Busan Metropolitan Government on June 2, 2015, and the above management and disposal plan was publicly announced on June 10, 2015.
2. The assertion and judgment
A. According to Article 49(6) of the Urban Improvement Act, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, can not use or profit from the previous land or building and the project implementer can use or benefit from the former land or building. Thus, according to the above facts of recognition, the defendant is obligated to deliver the attached building
B. As to this, the Defendant asserted that it cannot respond to the Plaintiff’s claim until receiving adequate compensation for business losses from the Plaintiff.
Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that when the approval of a management and disposal plan is publicly announced, any right holder, such as the owner of the previous land or structure, may not use or profit from the previous land or structure, and the proviso to such provision provides that "the project operator's consent or the compensation for losses under Article 40 and the Act on the Acquisition of Land