건물명도
1. The Plaintiff:
A. Defendant B, among the real estate No. 1 listed in the separate sheet, shall be 19 square meters, 19 square meters underground,
B. Defendant C.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government G G G, as a project implementation district, after obtaining authorization for the implementation of the project on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government. On December 10, 2015, the Plaintiff obtained the approval for the implementation of the project under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. Defendant B is a lessee of the attached list No. 1 located within the rearrangement project implementation zone, and Defendant D is a lessee of part 23.42 square meters inside the ship, which connects each point of Section 1, 2, 3, 4, 5, 6, 1 among the three floors of the third real estate listed in the attached list as indicated in the attached list among the three floors of the attached list No. 3 real estate indicated in the attached list, and Defendant C and F occupy each corresponding part as stated in the attached list.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 6-1 through 3, the purport of the whole pleadings
2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the Plaintiff claims against the Defendants the name of the building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the approval of the management and disposal plan is publicly announced in relation to the urban rearrangement project, the owner of the previous land or building and the right holder such as the lessee cannot use or profit from the land or building, and the project implementer can use or benefit from the land or building. According to the above facts of recognition, the Defendants are obligated to deliver
3. Determination as to Defendant B, D, and E’s assertion
A. First, the Defendants asserted that their respective portion of real estate cannot be transferred to the Plaintiff until moving expenses or moving expenses are paid. However, Article 78(1) and (5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.