건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of lawsuit shall be borne by each person;
3...
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on May 10, 2012 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) to implement a reconstruction project (hereinafter “instant reconstruction project”) on the area of 176,496 square meters in Seocho-gu Seoul Metropolitan Government.
B. On July 29, 2013, the head of Seocho-gu approved the project implementation plan for the instant reconstruction project, and on July 13, 2016, approved the management and disposal plan and announced it on July 14, 2016.
C. The real estate listed in the separate sheet (hereinafter “instant real estate”) is located within the said project implementation district, and the Defendant occupies the instant real estate as a lessee.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas provides that when an approval of the management and disposal plan is publicly notified, holders such as owners, superficies, persons holding superficies, leasers, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of the transfer under Article 54.
As seen above, since the approval of the management and disposal plan for the instant reconstruction project was publicly announced, the Plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or structure shall transfer the land or structure under his/her possession to the project implementer.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. As to the Defendant’s assertion, Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017 and enforced from February 9, 2018) is applicable.