건물인도
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 an association established to implement a housing redevelopment improvement project with respect to the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Incheon Metropolitan Government 104,979,30 square meters pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of the association on June 25, 2009, the authorization for the implementation of the project on October 23, 2012, the authorization for the implementation of the project on November 7, 2013, and the authorization for the implementation of the project on April 24, 2014, respectively, and
B. The defendant owns real estate in the attached list located in the above improvement zone.
C. On August 22, 2014, the Seoul Special Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation on October 10, 2014; and (b) rendered a ruling of expropriation on the commencement date of expropriation; and (c) accordingly, on October 7, 2014, the Plaintiff deposited the compensation for losses to the Defendant under the said ruling of expropriation.
[Ground of recognition] A without dispute, Gap 1-5, 7 evidence, Gap 6-1, Gap 8-1, the purport of the whole pleadings
2. Determination:
A. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan is authorized and such public notice has been given, the owners of the previous land or buildings, lessees, etc. shall not use or benefit from the previous land or buildings until the date of public notice of relocation under Article 54: Provided, That this shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.”
According to the above facts, since the plaintiff completed the compensation for losses as stipulated in the proviso of Article 49(6) of the Urban Improvement Act after the management and disposal plan under the Urban Improvement Act was authorized and publicly announced, the defendant is obligated to deliver the real estate stated in the attached Table to the plaintiff who acquired the right to use
B. The defendant.