건물인도
1. The Plaintiff:
(a) Defendant B shall have the entire one floor of the real estate listed in the Schedule No. 1:
B. The defendant C shall be listed in the annexed Table 2.
1. Basic facts
A. On March 22, 2012, the Plaintiff is the head of Gangnam-gu Seoul Metropolitan Government, the head of Gangnam-gu Seoul Metropolitan Government, and the Housing Redevelopment and Improvement Project Association (hereinafter “Urban Improvement Act”) who obtained authorization to establish an association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On December 20, 2013, the head of Gangnam-gu Seoul Northern District Office publicly notified the Plaintiff’s authorization to implement the project on May 27, 2016, publicly notified the authorization to revise the project implementation, and on December 29, 2017, approved the management and disposition plan (hereinafter “the instant authorization to implement the project”), and publicly notified on January 12, 2018.
C. The Defendants respectively occupy each real estate set forth in paragraphs (1) and (2) of the disposition within the project implementation district.
[Ground for recognition] Defendant D: Each entry in Gap evidence Nos. 1 through 5 (including each number, if any) and the remainder of the purport of the whole pleadings: The defendants: Confession (the main text of Article 150(3) of the Civil Procedure Act)
2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of Urban Improvement is given, the use and profit-making by right holders, such as owners, superficies, persons having a right to lease, and lessees of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the real estate stipulated in paragraphs (1) and (2) of the main text, which the Defendants possess to the Plaintiff who acquired the right to use and profit
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.