건물명도(인도)
1. The Plaintiff, Defendant B, and Defendant D, each of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 3.
1. The following facts may be acknowledged by compiling the whole purport of the pleadings in each entry described in Gap evidence 1 to 5, Gap evidence 6-1, and 6-2:
On March 27, 2009, the Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants leased real estate listed in the separate sheet, and Defendant D is the trade name of Defendant E, and Defendant B was a lessee who operated the business in F’s trade name.
B. On May 31, 2010, the Plaintiff was granted authorization for project implementation on July 8, 2016 from the head of Yeongdeungpo-gu, Seoul Metropolitan Government G G Jung-gu, the project implementation district of which is 87,025.2 square meters, including real estate listed in the separate list, and was publicly notified on July 14, 2016.
C. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on May 26, 2017, because it did not reach an agreement on the business compensation with Defendant B and D, and the said Committee deposited each of the above amounts on July 29, 2017. < Amended by Presidential Decree No. 2632, Oct. 4, 2017; Presidential Decree No. 28000, Feb. 26, 2017; Presidential Decree No. 28507, Jun. 29, 2017>
2. Determination:
A. (1) The main text of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that “When the authorization of a management and disposition plan has been publicly announced, the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project operator or whose compensation has not been completed under Article 40 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.” Article 45 of the Land Compensation Act