부동산인도
1. The Plaintiff:
A. Defendant C: the real estate listed in [Attachment C] Section 1;
B. Defendant D shall set forth in [Attachment List Nos. 1, 2.
1. Plaintiff’s claim against the Defendants
A. 1) The Plaintiff is a Housing Redevelopment and Improvement Project Association established to conduct a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of project implementation of the Seodaemun-gu Seoul Metropolitan Government G G of 48,085 square meters and size of 48,085 square meters.
B) The Plaintiff was granted authorization to establish the competent authority on July 29, 2009; the authorization to implement the project on December 5, 2012; and the authorization to implement the management and disposal plan on January 18, 2016, respectively. The head of Seodaemun-gu Seoul Metropolitan Government publicly notified the above management and disposal plan on January 18, 2016. (c) The real estate listed in the separate sheet are all located within the execution zone of the instant rearrangement project; Defendant C and D are co-owners of the real estate listed in the separate sheet No. 1; Defendant D are the owners of the real estate listed in the separate sheet No. 2; Defendant E is the owner of the real estate listed in the separate sheet No. 1, 2, 3, 4, and 1 among the first floor of the real estate listed in the separate sheet No. 2; and Defendant E occupies it as a lessee of the portion of 37.855mm2, which
Defendant C and D are Plaintiff’s members.
[Ground of recognition] As to Defendant E: The written evidence Nos. 1, 2, and 5-1, 2, and 5-1, 2-2, the purport of the entire pleadings, as to Defendant C and D: The confession (Article 208(3)2, and Article 150(3)2 of the Civil Procedure Act) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
(3) If the management and disposal plan stipulated in Article 49(3) is publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc., of the previous land or buildings shall be suspended pursuant to the main sentence of Article 49(6) and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, the head of Seodaemun-gu Seoul Metropolitan Government publicly notified the approval of the management and disposal plan regarding the instant rearrangement project on January 18, 2016 by the head of Seodaemun-gu, as seen earlier.