건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Basic facts
A. The Plaintiff is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that promotes a reconstruction project for multi-family housing and ancillary facilities on the site of Gangnam-gu Seoul Special Metropolitan City C day-won 399,741.7 square meters, and the Defendant is the lessee of the attached real estate (hereinafter “instant real estate”).
B. The Plaintiff received the authorization from the head of Gangnam-gu Office to establish an association on October 14, 2003, the authorization to implement the project on April 28, 2016, and the authorization to implement the management and disposal plan on April 6, 2018, respectively, and the head of Gangnam-gu notified the head of the management and disposal plan on April 13, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 7-5, the purport of the whole pleadings
2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when a public announcement of a management and disposal plan under Article 78(4) is made." Thus, the defendant, who is the lessee of the real estate of this case, is no longer entitled to use or benefit from the real estate of this case, and the plaintiff,
Therefore, the defendant has a duty to deliver the real estate of this case possessed by the plaintiff.
3. As to the defendant's assertion, the defendant alleged that the plaintiff's members committed an illegal act, the plaintiff's mistake that the plaintiff caused illness to the defendant, and the plaintiff should receive compensation for damages or losses from the plaintiff.
Plaintiff’s members committed an illegal act.
There is no evidence to prove that the plaintiff's mistake caused illness to the defendant, and the general housing reconstruction project acquires land, etc. for public works and compensate therefor.