건물명도(인도)
1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts of recognition;
A. On November 21, 2013, the Plaintiff obtained authorization to establish a housing reconstruction project from the head of Gangnam-gu Seoul Metropolitan Government on November 21, 2013, and completed the registration of incorporation on November 22, 2013 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Defendant is the owner and occupant of the building in the attached Form (hereinafter “instant real estate”).
B. On June 16, 2017, the Plaintiff obtained authorization for a management and disposal plan from the head of Gangnam-gu Office, and the notification was made on June 23, 2017.
[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, purport of whole pleadings
2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017) (amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan is authorized and publicly announced, the owners, persons with superficies, persons having rights to the previous land or buildings, persons having rights to lease, and lessees, etc. may not use or benefit from the previous land or buildings until the date of public announcement of transfer under Article 54 of the same Act, and the project implementer may allow them to use or benefit from the former land or buildings (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 2012Da6251, 62578, Jul. 24, 2014). Accordingly, the Defendant, the owner of which was suspended from using or benefit from the instant real estate as its owner
3. The plaintiff's claim of this case is accepted as reasonable.