건물인도
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 September 14, 2006, the Plaintiff is a housing redevelopment and rearrangement project partnership established with approval from the head of the Busan Metropolitan Government on September 14, 2006 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) covering the area of 43,915 square meters in Busan Seo-gu, Busan Metropolitan City (hereinafter “instant rearrangement project”). The Defendant is a person who owns real estate in the attached list (hereinafter “instant building”) and its site in the instant rearrangement project zone and is subject to cash liquidation.
B. On March 20, 2016, the Plaintiff: (a) held a general meeting on March 20, 2016, resolved a draft management and disposal plan; and (b) applied for the approval; and (c) on May 19, 2016, the authorization was publicly notified by the head of the
C. On November 20, 2017, the Plaintiff applied for adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, and the said Committee rendered a ruling on November 20, 2017, stating that “The instant building and its site shall be expropriated, but the compensation for losses shall be KRW 703,487,800, and the date of commencement of expropriation shall be January 5, 2018.”
On December 27, 2017, the Plaintiff deposited the entire amount of the compensation for losses with the Busan District Court Branch Branch of the Seobu District Court, No. 2263, 2017.
E. The defendant currently occupies the building of this case.
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleading
2. Determination
A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) regarding the cause of the claim where the management and disposal plan is authorized and the announcement is made, the right holder such as the owner of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. However, the Land Compensation Act (hereinafter “Land Compensation Act”).