건물명도
1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 1 list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Determination as to the cause of claim
A. 1) The Plaintiff is a housing redevelopment and consolidation project association which obtained authorization on September 24, 2009, with the area of the project of the project of the Suwon-si Seoul Special Metropolitan City as the area of the project. 2) The Plaintiff obtained the approval of the project implementation plan on December 31, 2015, and obtained the approval of the management and disposal plan on August 2, 2017.
The Suwon Mayor announced a management and disposal plan approved on August 2, 2017 (hereinafter referred to as the “instant notice”).
3) The Defendant is the Plaintiff’s member who filed an application for parcelling-out within the period of application for parcelling-out (on July 16, 2016, the date of application for parcelling-out), and is the real estate listed in the attached Table 1 list located within the said project implementation district (hereinafter
(1) A. 1, 2, 3, 4-1, 7, and the purport of the entire pleadings, as a whole, without any dispute over the grounds for recognition.
B. 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 the same shall apply) shall apply at the time of the instant public notice under the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). However, pursuant to Article 25 of the Addenda (No. 14567, Feb. 8, 2017; hereinafter the same shall apply), the instant public notice is deemed to have been made under the amended Act, and thus the amended Act shall apply.
The term “when the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date the relocation is publicly notified under Article 86.” Thus, when the authorization of a management and disposition plan is publicly notified, the use of or benefit from the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may benefit from or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27,