건물명도(인도)
1. The Plaintiff:
(a) Defendant B and C are real estate listed in Appendix 7;
B. Defendant D shall be the real estate listed in the attached Table 10 list.
1. Determination as to the cause of claim
A. In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a project implementation district under the Eunpyeong-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant improvement project”).
(2) On October 13, 2016, the head of Mapo-gu Seoul Metropolitan Government approved the management and disposition plan concerning the instant rearrangement project and publicly notified it.
3) The Defendants occupy the pertinent real estate located within the instant rearrangement project zone, respectively. Defendants B, C, and D are respective lessees, and Defendants E occupy the pertinent building at their own house. [The fact that there is no dispute over the grounds for recognition, entries in Gap’s evidence 1 through 7, and the purport of the entire pleadings.]
B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the details thereof in the official report of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "if a public announcement is made under paragraph (3), the owner, superficies, leasee, and leasee, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54." In cases where the public announcement of the approval of a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made, the use or profit-making of the previous land or building by the owner, superficies, leasee, etc., and the project implementer may use or profit from it (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 2009).