건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The Plaintiff deposited KRW 122,432.5 square meters, including real estate listed in the separate sheet (hereinafter “instant real estate”), as a project implementation district on October 19, 2018. The head of Gyeyang-gu Incheon Metropolitan City approved the management and disposition plan on the Plaintiff’s project implementation on the same date, and announced the same date on November 28, 2018. The Incheon Metropolitan City Regional Land Expropriation Committee announced the expropriation ruling on the instant real estate on January 15, 2019 as the Defendant on January 15, 2019. The Plaintiff deposited KRW 389,680,850, additional dues, 260,260 as the compensation prescribed in the above expropriation ruling on the said real estate, and deposited KRW 389,680,459,459,260 as the total amount of compensation for the Defendant’s 160,4606,419,297.
According to the above facts, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance of Urban and Residential Environments, the defendant is obligated to deliver the instant real estate to the plaintiff
2. Judgment on the defendant's assertion
A. The defendant's assertion ① is currently underway administrative litigation procedures on the adjudication of acceptance of the instant case, and since the appraisal and assessment is not completed in the said lawsuit, the plaintiff's claim cannot be accepted.
(2) Since the defendant is currently unable to receive additional charges for delay deposited by the plaintiff, he/she cannot accept the plaintiff's request until it is paid.
(b) the proviso to Article 81 of the Act on the Maintenance of Urban and Residential Environments obtains the consent of the project implementer.