건물명도
1. The defendant is paid KRW 3,00,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Metropolitan Government 87,840 square meters for A Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”).
(2) On June 5, 2014, the head of Mapo-gu Seoul Metropolitan Government announced the implementation authorization and announcement of the rearrangement project of this case, and around December 2015, the management and disposal authorization and announcement of the rearrangement project of this case were made.
3) The Defendant is located within the business zone of the instant building (the instant rearrangement project) around March 2014.
(D) Eul leased the deposit from its owner (D) for the period of KRW 3 million, monthly rent of KRW 200,000, and the period of March 19, 2016. Since then, the above lease has been renewed once, and thereafter, the Defendant has occupied it up to now. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings as indicated in subparagraphs A through B, E and E, respectively, and the purport of the whole pleadings.
B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the details thereof in the official report of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made under paragraph (3), the owner, superficies, leasee, and leasee, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54." When the public announcement of the approval of a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made, the use or profit-making of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from it (see Supreme Court en banc Decision 91Da22094, Dec. 22, 19992>