건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association with the approval of establishment from the head of Busan District Office on January 30, 2007 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 28,597 square meters in Busan District C, Busan District.
B. The Defendant is the owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), who has failed to apply for parcelling-out within the period of application for parcelling-out.
C. On June 28, 2018, the head of Busan District Government authorized the Plaintiff’s management and disposition plan, and announced it on July 4, 2018.
On September 2, 2019, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on October 28, 2019. On October 25, 2019, the Plaintiff deposited KRW 1,174,891,400 as compensation for losses due to the said ruling of expropriation with the Defendant as a depositee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, and 10, the purport of the whole pleadings
2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) provides that "the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act.
In light of the fact that the head of Busan Special Metropolitan City and the head of Busan Special Metropolitan City publicly notified the management and disposal plan on July 4, 2018, the tenant of the real estate of this case is obligated to deliver the real estate of this case to the Plaintiff, who is the project implementer, unless there are special circumstances.
3. The defendant's assertion is a lawsuit seeking confirmation of invalidity of the establishment of the association against the head of Busan Metropolitan City Busan District Government.