건물명도(인도)
1. The Plaintiff, the Defendant B and C, and the Defendant D, as indicated in paragraph 1 of the attached Table, are buildings indicated in paragraph 2 of the same Table.
1. The facts following the facts are without dispute between the plaintiff, C and D, or are recognized by Gap's evidence Nos. 1, 2, and 3-1 through 4, Gap's evidence No. 4-1, 2, Gap's evidence No. 5, and 6 after considering the whole purport of the pleadings. The plaintiff and defendant B are deemed to have led to confession.
A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a reconstruction project association that completed the registration of incorporation on July 27, 201 with the approval of establishment from the head of Gwangjin-gu Seoul Special Metropolitan City Office on July 27, 201 for the purpose of implementing a reconstruction project for members of Gwangjin-gu Seoul Special Metropolitan City E (hereinafter “instant project”).
B. On September 20, 2012, the head of Gwangjin-gu approved the Plaintiff’s implementation of the instant project, announced its contents on September 27, 2012, and announced the management and disposal plan formulated by the Plaintiff on October 18, 2017.
C. The owner of the Defendant B, and the lessee of the Defendant C, as the lessee, of the building indicated in Paragraph 1 of the attached Table located within the implementation zone of the housing redevelopment project according to the above management and disposal plan, respectively, occupy the building indicated in Paragraph 2 of the same Table as the owner.
2. According to the main sentence of Article 49(6) of the former Act on the Determination of Grounds for Claim (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act, if the public announcement of the management and disposal plan is made.
Therefore, according to the notice of the management and disposal plan, the Defendants were suspended from using and earning profit from each of the buildings listed in the attached list, and the project implementer is obligated to deliver each of the respective occupied parts to the Plaintiff
3. Defendant C’s assertion