건물명도(인도)
1. The Plaintiff:
A. Defendant B shall receive KRW 25,000,000 from the Plaintiff and at the same time enter in the separate sheet No. 1.
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 3, Eul evidence No. 1, Eul evidence No. 1, and Eul No. 1 through 6 (including branch numbers), the plaintiff is a housing reconstruction maintenance and improvement project association established under the Yangcheon-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act"), and the above management and disposal plan was publicly notified on February 2018 after obtaining approval of the management and disposal plan for the reconstruction project of this case from the owners of the real estate listed in the relevant list of the defendants in the attached Form No. 1 of this case.
2. Determination
A. According to Article 81(1) of the Act on the Determination of the Grounds for Claim, when a right holder, such as the owner, superficies, person with superficies, leasee, etc. of the previous land or building gives notice of a management and disposal plan under Article 78(4), he/she may not use or benefit from the previous land or building until the date of the public notice of transfer under Article 86, and allow the project implementer to use or benefit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts of recognition, the Defendants, the lessee, are obligated to deliver to the Plaintiff, the implementer of the reconstruction project of this case, the Plaintiff, as the developer of the reconstruction
B. As to the Defendants’ assertion, the Defendants asserted that the Defendants cannot respond to the Plaintiff’s claim before receiving the respective lease deposit.
If it is impossible to achieve the purpose of establishing a right of lease on a deposit basis or a right of lease due to the implementation of an improvement project, the right holder may cancel the contract, and the right holder may exercise the right to request the return of the deposit and security deposit held by the person entitled to cancel the