건물인도
1. The defendant shall deliver to the plaintiff the buildings listed in the attached real estate list.
2. The costs of lawsuit shall be borne by the defendant.
1. Determination on the Plaintiff’s assertion of the cause of claim
A. In fact, the Plaintiff is an association established 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 reconstruction improvement project (hereinafter “the instant rearrangement project”) with the area of 29,847 square meters wide as a rearrangement zone in Nam-gu, Nam-gu, Gwangju Metropolitan City.
The Plaintiff obtained authorization for the establishment of an association on March 18, 2009, and the head of Gwangju Nam-gu approved and publicly notified a management and disposal plan under the instant improvement project on March 12, 2020.
The Defendant concluded a lease agreement with the owner on the building indicated in the attached list of real estate (hereinafter “instant building”) and the lessee who occupies the instant building while operating it as a church facility.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
B. When the notice of the approval of the management and disposal plan is given in accordance with the Act on the Determination of Urban Improvement, a right holder, such as a lessee of the previous land or structure, cannot use or benefit from the previous land or structure (the main sentence of Article 81(1) of the Act on the Determination of Urban Improvement), and the project implementer
(2) The Plaintiff, a lessee of the instant building, lost the right to use and benefit from the instant building, and the Plaintiff, a developer of the instant improvement project, acquired the right to use and benefit from the instant building, based on the aforementioned legal principles, on the ground that the Health Team and the pertinent recognition facts were publicly notified on March 12, 2020, based on the foregoing legal principles.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, except in special circumstances.
I would like to say.
2. As to the determination of the Defendant’s assertion, the Defendant cannot comply with the Plaintiff’s claim compelling to move without countermeasures against the director’s expenses, the church installation expenses, etc.