건물명도(인도)
1. The defendant shall deliver to the plaintiff the building listed in the attached Table 5 list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government.
B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on December 28, 2017.
C. Buildings listed in the attached list 5 are located within the project implementation district.
The defendant shall occupy as a lessee of the above building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that when a public announcement of approval of a management and disposal plan is made pursuant to Article 78(4), the owners of the previous land or buildings, superficies, persons holding a right to lease, lease, lease, etc. shall not use the previous land or buildings or benefit therefrom until the date of the public announcement of transfer under Article 86, unless any of the following grounds exist:
As seen above, the Plaintiff, a project implementer, may implement the project by removing buildings in the rearrangement zone, etc., and the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer for the purpose of the project.
Therefore, barring special circumstances, the defendant is obligated to deliver the above building occupied by the plaintiff to the plaintiff.
3. Judgment on the defendant's assertion
A. The defendant had the head of Seocho-gu approved the project implementation plan and completed the formation of the prior consultative body and submitted the operation plan before applying for approval of the management and disposal under such conditions, but the plaintiff failed to properly implement it, and on this ground.