건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established by having the Dong-gu Gwangju Metropolitan City C, the Dong-gu Seoul Metropolitan City 59,535 square meters as a project implementation district.
B. The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City to establish the association on September 18, 2007, authorization to implement the project on April 30, 2015, and authorization of the management and disposition plan on February 5, 2016 (hereinafter “instant management and disposition plan”), respectively, and the head of the Dong-gu Gwangju Metropolitan City announced the instant management and disposition plan on February 5, 2016 and February 11, 2016.
C. The Defendant is the owner of the real estate indicated in the attached list located in the project implementation district (hereinafter “instant real estate”), who has not filed an application for parcelling-out. D.
The Plaintiff filed an application for adjudication of expropriation with the Gwangju Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for losses with the Defendant regarding the instant real estate. On May 27, 2016, the said Committee decided on the commencement date of expropriation on July 11, 2016, and decided on compensation for losses against the Defendant at KRW 248,046,50 (hereinafter “instant adjudication of expropriation”).
E. On June 17, 2016, the Plaintiff deposited the full amount of compensation for losses under the above expropriation ruling.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, evidence 16-1, 2, 26, 27 evidence, Eul evidence 1-1, 2-2, and the purport of the whole pleadings
2. Determination
A. Article 49(6) main text of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that when the approval of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. cannot use or profit from the previous land or buildings until the date of public announcement of relocation under Article 54, the former owner of the land or buildings, superficies, leasee, etc. shall not be used or profit from the former land or buildings, and the latter shall not exceed the consent of the project implementer