건물명도(인도)
1. Of the houses listed in the “List of Housing” attached to the Plaintiff:
A. The defendant B transfers the house of Nos. 1 and B
1. Judgment on the plaintiff's claim
A. Fact 1) The Plaintiff is the Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
(2) On May 10, 2012, the head of Seocho-gu approved the project implementation plan on July 29, 2013 to the Plaintiff, and the head of Seocho-gu approved the management and disposition plan on July 13, 2016 and announced it on July 14, 2016.
3) The houses listed in the separate sheet of “the instant house” (hereinafter “instant house”) are as follows.
A) The said project implementation district is located within the said project implementation district. Defendant B is located within the said project implementation district; Defendant B is the house No. 1 among the instant housing; Defendant C occupies the house No. 3 as a lessee; Defendant D occupies the house No. 2 as well as Defendant C. 4. The Plaintiff notified the Defendants of the relocation from the instant housing possessed by each of the instant housing units until January 17, 2019.
[Ground of recognition] Facts without dispute, Gap 1 through 6, Eul 1's each entry, the purport of the whole pleadings
B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of the Defendants stipulates that the owners of the previous land or buildings, superficies, persons having rights to lease, lease, lease, etc. shall not use the previous land or buildings or benefit therefrom until the date of the public announcement of transfer under Article 86, unless there exist any grounds stipulated in each of the following subparagraphs.
As seen above, since the public notice of the approval of the management and disposal plan was given to the Plaintiff, the Plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or building shall transfer the land or building he/she possesses to the project implementer.
Therefore, the Defendants did not comply with the Plaintiff.