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 redevelopment and consolidation project association with the approval of establishment from the head of Busan District Office on January 30, 2007 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 28,597 square meters in Busan District C, Busan District.
B. The Defendant is a lessee of the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by D in the instant project zone.
C. On June 28, 2018, the head of Busan District Government authorized the Plaintiff’s management and disposition plan, and announced it on July 4, 2018.
On September 2, 2019, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation of the instant real estate, etc. on October 28, 2019. On October 4, 2019, the Plaintiff paid KRW 20,1100,000 for compensation determined by the above ruling of expropriation between the Defendant and the Defendant, and the Defendant agreed to deliver the instant real estate to the Plaintiff by December 31, 2019.
E. On October 31, 2019, the Plaintiff paid KRW 10 million to the Defendant as compensation for losses under the above agreement, KRW 11 million on January 2, 2010, and KRW 50 million on December 19, 2019, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. Determination:
A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, leaseer, etc. of the previous land or building may not use or benefit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, if there is
As seen earlier, the head of Busan Special Metropolitan City, the head of Busan Special Metropolitan City, issued a public notice of the management and disposal plan on July 4, 2018. Therefore, the real estate of this case is not subject to special circumstances.