건물인도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The Plaintiff asserted by the parties, as a redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), is subject to a management and disposal plan, and accordingly, the Plaintiff seeks to deliver buildings listed in the attached list owned by the Defendant included in the rearrangement zone pursuant to Article 49
The defendant asserts that, according to the proviso of Article 49(6) of the Urban Improvement Act, the defendant does not have a duty to deliver to the defendant in this case where the procedure for expropriation ruling, objection ruling, administrative litigation, etc. is not completed, since the compensation for loss is not limited in the case of a right holder whose right to use
2. Article 49(6) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan is made, a right holder, such as the owner of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54; however, the same shall not apply to a right holder whose compensation is not completed under Article 40 of the Act on the Acquisition of Land, etc.
Meanwhile, according to the Public Works Act applicable mutatis mutandis to the expropriation or use of ownership of land or buildings for implementing a rearrangement project and other rights in an improvement zone pursuant to Article 40(1) of the Urban Improvement Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2). If a project operator fails to pay or deposit compensation by the commencement date of expropriation, such adjudication shall be effective.