건물명도(인도)
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. Determination on the cause of the claim
A. Facts of recognition 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project for the Seo-gu Seoul branch.
(2) The Defendant received the authorization for the change of the project implementation on August 17, 2015, and the authorization for the management and disposal plan on March 2, 2016.
As the owner of the real estate in the attached list of the redevelopment project zone stated in the paragraph (hereinafter referred to as the "real estate in this case"), the redevelopment project has become a cash liquidator because he/she did not apply for the application for the parcelling-out within the period
3) The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Busan Metropolitan City, which did not reach an agreement on cash clearing with the Defendant, and around April 10, 2017, the Plaintiff deposited KRW 486,819,160 of the compensation for the adjudication of expropriation to the Defendant on June 1, 2017, and completed the registration of ownership transfer on the ground of expropriation on June 2, 2017, around June 14, 2017.
B. As to the facts found in the above determination, the Plaintiff received the public notice of approval of the management and disposal plan under Article 49(6) of the Urban Improvement Act, and deposited the compensation for expropriation decision with the Defendant and completed the registration of transfer of ownership. Therefore, the Defendant is obligated to deliver the instant real estate to
2. The defendant's assertion argues that since the plaintiff did not pay sufficient compensation for losses, the defendant cannot respond to the plaintiff's claim.
In the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter referred to as the "Land Compensation Act"), which shall apply mutatis mutandis to the expropriation or use of the ownership of land or buildings for implementing a rearrangement project and other rights in an improvement zone pursuant to Article 40 (1) of the Urban Improvement Act, and a project operator shall make a ruling by the competent Land Tribunal.