건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate listed in the annexed list 15 attached hereto.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) with respect to the 162,616.1 square meters in Gwangju-si, Gwangju-si, and was granted authorization for the implementation of the project on October 28, 2016, and the authorization for the implementation of the instant project on November 9, 2018, respectively.
On November 9, 2018, the luminous Mayor publicly announced the management and disposal plan authorized (hereinafter referred to as the "management and disposal plan of this case").
B. The Defendant occupies the real estate indicated in the order of the instant project area (hereinafter “each of the instant real estate”) as the owner.
C. On August 12, 2019, the Gyeonggi-do Local Land Tribunal rendered a ruling to expropriate the instant real estate on September 26, 2019 with the date of commencement of expropriation as the date of expropriation, etc. The Plaintiff deposited the Defendant as a depositee and deposited the full amount of compensation for losses due to the said ruling on expropriation.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 11, the purport of whole pleading
2. Determination on the cause of the claim
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a right holder, such as the owner, superficies, person having a right to lease, or lessee of the previous land or structure, has publicly notified the approval of the management and disposal plan, the former land or structure shall not be used or profit from it until the date of the public notification of the transfer: Provided, That this shall not apply where the project operator’s consent or where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor
Therefore, in order for a project implementer to receive land or buildings in the rearrangement zone owned by him/her from a person subject to cash settlement, the management and disposal plan is authorized and publicly announced.