건물명도
1. The plaintiff, the defendant A delivers the building indicated in the attached Form, and the defendant B leaves the building as stated in the attached Form.
2...
The Plaintiff, as a redevelopment and rearrangement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), received a disposal plan, and accordingly, sought to transfer the attached buildings owned by the Defendant included in the rearrangement zone pursuant to Article 49(6) of the Urban Improvement Act, and the Defendants asserted to the effect that the Defendants did not have the duty to deliver and leave to the Defendants in this case, in which the expropriation ruling, objection ruling, administrative litigation, etc. was not completed, since the right to use and benefit in the case of a right holder whose compensation has not been completed under the proviso of Article 49(6) of the Urban Improvement Act is not limited to
Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan has been made, a right holder, such as the owner of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54: Provided, That the same shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works
Meanwhile, according to the Public Works Act applicable mutatis mutandis to the expropriation or use of 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, a project operator shall acquire ownership of land or goods on the commencement date of expropriation determined by the competent Land Tribunal by adjudication (Article 45(1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2). If a project operator fails to pay or deposit compensation by the commencement date of expropriation.