건물명도(인도)
1. The Defendants deliver to the Plaintiff each of the relevant real estate listed in the separate sheet.
2. The costs of lawsuit shall be individually counted.
1. Fact-finding;
A. On July 18, 201, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization for the establishment of a housing redevelopment and improvement project on July 18, 201 in order to implement a housing redevelopment and improvement project by setting the size of 40,404m2 as a project implementation area in Gyeyang-gu, Seoyang-gu, Yang
B. On August 29, 2017, the Plaintiff determined a management and disposal plan for the housing redevelopment improvement project and obtained authorization from the high-sea market, and publicly announced the details thereof in the official gazette on the same day.
C. The real estate listed in the separate sheet located within the project implementation zone was owned by F, G, and H, respectively. However, the Defendants leased each of the pertinent parts listed in the separate sheet from each of the aforementioned owners, and occupied it.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 22, purport of the whole pleadings
2. Determination
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).”
Therefore, the Defendants, the lessee, cannot use and benefit from the above management and disposition plan. Therefore, barring special circumstances, the Defendants are obligated to deliver each of the pertinent real estate listed in the attached Table to the Plaintiff who acquired the right to use and benefit as the project implementer.
B. Defendant C asserts that the Defendants’ assertion and determination thereof (i.e., Defendant C did not pay compensation for losses, and (ii) the Plaintiff’s establishment of the Plaintiff Union and the designation of a district are pending in the litigation for invalidation.
Therefore, according to the statements in Gap's evidence Nos. 23 through 33, the Gyeonggi-do Local Land Tribunal shall attach the attached Form No. 9 April 2018.