건물명도(인도)
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. On January 30, 2018, the Plaintiff was approved and publicly notified of a management and disposal plan pursuant to Article 49(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which is a housing redevelopment and improvement project partnership whose project implementation district covers land C.
B. The defendant did not apply for parcelling-out within the period of application for parcelling-out as the owner of the real estate in the attached list located within the plaintiff's project implementation district (hereinafter "real estate in this case"), and became a person subject to cash settlement, and currently occupies the above real estate.
C. On December 13, 2019, the Gyeonggi-do Local Land Tribunal decided to compensate for the instant real estate as KRW 105,477,905, and the Plaintiff deposited the said money with the Defendant as the principal deposit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The assertion and judgment
A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that holders, such as owners, superficies, leaseers, 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.
Therefore, in cases where the approval of a management and disposal plan is publicly announced pursuant to the above provision, the previous owner’s use and profit-making of the subject matter shall be suspended, so the project implementer may use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). Therefore, the Defendant is obligated to deliver the subject matter to the Plaintiff, barring any special circumstance.
B. The Defendant asserts that the Defendant cannot respond to the Plaintiff’s claim until receiving reasonable compensation, since the amount of compensation falls short of the Defendant’s purchase price of real estate ten years prior to the ten-year period of compensation.
Modern, the plaintiff.