건물명도(인도)
1. The defendant shall deliver to the plaintiff the building listed in attached Table 1 List 1.
2. The costs of the lawsuit are assessed against the defendant.
3.
1. Facts of recognition;
A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in the Gu, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on the same day.
B. The Defendant is the owner of a building listed in attached Table 1 List 1 (hereinafter “instant building”) located within the instant redevelopment zone, who is a cash clearing interest and a business operator.
C. On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling to expropriate the instant building, etc., and the Plaintiff deposited full amount of KRW 7,586,20,000 compensation for the Defendant as a deposit on July 18, 2017 (i.e., land compensation of KRW 301,116,72,200 for the building compensation of KRW 301,17,80 for the building compensation of KRW 168,30,00 for the business compensation of KRW 7,116,72,200).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 11 (including virtual number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) According to Article 49(6) of the Urban Improvement Act, when the approval and public notice of a management and disposal plan for a redevelopment project is given, the owner, superficies, leasee, etc. of the previous land or buildings may not use or benefit from the previous land or buildings without the consent of the project operator until the date of public notice of relocation under Article 54 of the Urban Improvement Act. Thus, Article 1 of the Urban Improvement Act, the purpose of Article 1 of the Urban Improvement Act, the measures taken to implement a rearrangement project under Articles 36 through 45 of the Urban Improvement Act, and Article 47 of the Urban Improvement Act, the project operator is excluded from the sale of the land.