건물명도(인도)
1. The Plaintiff, and the Defendant B, among the land listed in paragraph (1) of the attached Table, and the buildings listed in paragraph (2) of the same Table, are 97.80 square meters of geographical strata.
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project (hereinafter “instant redevelopment project”) consisting of a housing redevelopment project with a size of 48,260 m2 in Ansan-gu D in Ansan-si as an improvement zone.
B. On May 27, 2015, the Plaintiff obtained authorization for the implementation of the relevant redevelopment project on November 25, 2016, and obtained authorization for the management and disposal plan concerning the instant redevelopment project (hereinafter “instant management and disposal plan”), and was publicly notified on the same day.
C. The Defendants possess each of the relevant real estate listed in the separate sheet in the above improvement zone.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of the management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date the previous public announcement is made pursuant to Article 86.” Thus, when the public announcement of the approval of the management and disposition plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or profit has been suspended pursuant to the public announcement of the
B. Defendant B’s assertion and determination are set forth in the attached Form No. 1, which Defendant B possessed by the Plaintiff until the Plaintiff passes the land E-gu in Ansan-si until the problem is resolved.