건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) delivered each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained approval for establishment on December 12, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 39,381 square meters in Bupyeong-gu, Incheon Metropolitan City.
B. On November 23, 2018, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposition plan concerning the instant project, and publicly announced it on the same day.
C. The Defendants, as married couple, are owners and occupants of 1/2 shares of real estate in the separate sheet located in the instant project zone (hereinafter “instant real estate”), and the Plaintiff’s members who completed the application for parcelling-out with respect to the Plaintiff on October 20, 2017, within the period for application for parcelling-out notified by the Plaintiff for parcelling-out.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 9, 12, 13, and 15, the purport of the whole pleadings
2. According to Article 81(1) of the Act on the Determination of the Grounds for Claim, when the owner, superficies, person having a right to lease, lease, lease, etc. of the previous land or buildings in a redevelopment project publicly notified of a management and disposal plan under Article 78(4) of the same Act, he/she shall not use or profit from the previous land or buildings until the date the transfer is publicly notified under Article 86 of the same Act. The fact that the head of Bupyeong-gu Incheon Metropolitan City publicly notified of a management and disposal plan for the instant project on November 23, 2018 is as seen earlier, the Defendants, who are co-owners and occupants of the instant real estate located within the instant project area, are obligated to deliver the instant real estate to the Plaintiff, who is
3. Determination on the grounds of the principal lawsuit and the counterclaim
A. The defendants' obligation to pay settlement money to the persons subject to cash settlement by the redevelopment association's redevelopment association's assertion and the obligation to deliver real estate to the persons subject to cash settlement.