건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate listed in the annexed list 1 attached hereto.
2. The costs of lawsuit shall be borne by each person;
3...
1. Facts of recognition;
A. The Plaintiff is an association established for the purpose of housing redevelopment project by making the total area of 58,393 square meters in Gyeyang-gu, Yangyang-si as a project implementation district. The Plaintiff obtained on April 12, 2012 the authorization of the establishment of redevelopment association from the high-sea market, the authorization of the implementation of the redevelopment project on September 8, 2015, the authorization of the management and disposal plan on March 2, 2018, and the public notice of the authorization was given at the time of each authorization.
B. The real estate listed in the [Attachment 1] list (hereinafter “instant building”) is located within the said project implementation district and is owned by the Defendant, who is a person subject to cash settlement.
C. On May 27, 2019, the Plaintiff deposited compensation for losses as prescribed by the expropriation ruling for the Defendant on July 5, 2019, upon receiving the adjudication on expropriation of the instant building and its site against the Defendant.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. Determination
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, person having a right to lease, lease, lease, etc. of the previous land or building may not use or profit from such land or building until the date of public announcement of transfer under Article 78(3): Provided, That the same shall not apply where the project operator obtains consent or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed, unless the management and disposal plan is approved and publicly notified and the compensation for losses is completed due to the expropriation of land, etc., the right to use or profit from such land or building
The details of the approval of the project implementation and the approval of the management and disposal plan have been publicly notified by the Plaintiff as the housing redevelopment project area of Gyeyang-gu Seoul Metropolitan City, Gyeyang-gu.