건물명도(인도)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Facts of recognition
The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose business area covers 35,740 square meters in Suwon-si, Suwon-gu, Suwon-si.
On March 21, 2017, the Plaintiff received a management and disposal plan from the Suwon Market, and the Suwon Market publicly announced the management and disposal plan on the same day.
The Plaintiff’s former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was applied at the time of December 4, 2015, was amended by Act No. 14567, Feb. 8, 2017
c. Article 2 of the former Urban Improvement Act (hereinafter “former Urban Improvement Act”).
Article 46, Article 46 of the Plaintiff’s Articles of Incorporation, and Article 46 of the Plaintiff’s Articles of Incorporation publicly announced the application period for parcelling-out to December 11, 2015, to February 5, 2016. The instant real estate is located within the project zone for the instant improvement project, and the Defendants possessed the instant real estate lessee. Although, E, the owner of the instant real estate, originally applied for parcelling-out to the Plaintiff, it sent to the Plaintiff a written withdrawal stating the purport of withdrawing the application for parcelling-out on February 18, 2016, after the expiration of the above period for filing the application for parcelling-out, and the said withdrawal reached the Plaintiff around that time. [The Plaintiff] Article 48-2(1) of the former Act provides that “A project implementer shall remove the existing buildings after obtaining authorization of a management and disposal plan under Article 48(1) and the previous head of Si/Gun/Gu shall publicly notify the details of the management and disposal plan under Article 49(3) of the Act by the relevant local government’s official report.”