건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project with the size of 36,243.80 square meters as a rearrangement zone in Changwon-si, Changwon-si.
B. On September 29, 2017, the Changwon Mayor approved and publicly notified the Plaintiff’s management and disposition plan (hereinafter “instant management and disposition plan”).
C. The Defendant occupied and used the pertinent real estate as a lessee of the real estate indicated in the attached Form located in the Plaintiff’s rearrangement zone (hereinafter “instant real estate”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Article 49(6) main text of the Act on the Determination of Grounds for Claims provides that “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall be suspended, and the project implementer may allow the use or profit-making (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant, the lessee whose use or profit-making has been suspended pursuant to the public announcement
3. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff cannot respond to the plaintiff's claim before receiving the legitimate relocation allowance from the plaintiff.
B. Article 38 of the Act on the Maintenance and Improvement of Urban Areas, Etc., shall be applied to the rearrangement project implementer.