건물명도(인도)
1. The defendant, among the 1st floor of the building listed in the attached list, marks 2, 3, 18, 17, and 2 of the annexed drawings are attached to the plaintiff in sequence.
1. Facts of recognition;
A. The Plaintiff, as an implementer of an urban environment improvement project in B zone (hereinafter “instant improvement project”) under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), was authorized to implement the project on July 30, 2015, and the said authorization was publicly announced on the same day.
B. The Defendant is a lessee who occupies a part of 6.8 square meters in the place of the ship (hereinafter “instant building part”) connected each point of the attached Form 2,3,18,17, and 2 among the 1st floor of the building located within the instant rearrangement project zone, which are located in the attached Table 1st floor.
C. In accordance with the provisions of the former Act on the Improvement of Urban Areas and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Plaintiff agreed on the compensation for the instant building and the Defendant.
However, on October 2017, the plaintiff applied for the adjudication of expropriation to the local Land Expropriation Committee of Seoul Special Metropolitan City, and on January 26, 2018, the Seoul Special Metropolitan City Land Expropriation Committee made a ruling on May 11, 2018.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 3 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant is obligated to deliver the part of the building of this case to the plaintiff who is the project implementer in relation to the improvement project of this case.
B. As to the Defendant’s assertion 1, the Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s claim before receiving lawful business loss compensation. (2) In full view of the relevant provisions of the Act including Article 49(6) of the former Act, Article 62 of the Act on the Improvement of Urban Areas and the Public Works Act, which provide for the principle of advance compensation, and the Act on the Improvement of Urban Areas and the Public Works Act, the implementer of an urban environment improvement project shall commence construction works