건물인도
1. The judgment of the court of first instance is modified as follows.
The defendant shall provide the plaintiff with the real estate listed in the attached list.
1. The reasoning of this part of the judgment of the court of first instance is as stated in Article 420 of the Civil Procedure Act, except where part of the corresponding part of the judgment of the court of first instance is dismissed or added as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.
The "Indication of attached Form 1 Real Estate" in subparagraphs 3 and 4 of paragraph (1) of the same Article shall be raised as the "attached Table".
The agreement was reached in Part 4 of Paragraph 4 of Paragraph 1 of the Article 1 that "the construction works shall be reverted to each other and shall be able to carry out, remove, destroy, and perform the construction works."
Following paragraph (3) of Article 1, "D. The defendant has occupied and used the above real estate until now since the completion of the preservation registration of the real estate of this case."
2. The contents of the relevant provisions of Articles 36(1) and 38(1) of the Urban Development Act alleged by the Plaintiff are as follows.
【Effect of Designation of Reserved Land for Replotting” Article 36 (Effect of Designation of Reserved Land for Replotting) (1) When reserved land for Replotting is designated, the previous land owners and lease holders, etc. may exercise the same rights as before with respect to the reserved land for Replotting or the relevant part from the effective date of designation of reserved land for Replotting to the
Article 38 (Relocation and Removal of Obstacles, etc.) (1) Where an implementer designates reserved land for replotting under Article 35 (1) or suspends use of previous land or profits therefrom under Article 37 (1) or performs works to alter or disuse facilities prescribed by Presidential Decree, he/she may, if necessary, relocate or remove buildings, other structures or objects (hereinafter referred to as "buildings, etc.") and obstacles, such as bamboo and trees, soil and rocks, fences, etc. (hereinafter referred to as "Obstructions, etc.") in an urban development zone.
In such cases, an implementer (limited to an implementer who is not an administrative agency) shall be the Special Self-Governing Province Governor and the head of the Si/Gun/Gu