건물명도(인도)
1. The plaintiff, Ga.
Defendant B shall have the building listed in paragraph (1) of the attached Table 3.
Defendant C is a building listed in the attached Table 5.
1. Facts of recognition;
A. The Plaintiff is a redevelopment and rearrangement project association established with the area of 13,449 square meters in Seongbuk-gu Seoul Metropolitan Government, which was established and completed the registration on November 12, 2008. The Defendant is a possessor who uses and benefits from the buildings indicated in the attached list located within the said redevelopment project area.
B. On October 11, 2018, the head of Seongbuk-gu Office having jurisdiction over the housing redevelopment project within the project zone approved the management and disposal plan, and the management and disposal plan approved on the same date was publicly notified.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to No. 11, and purport of the whole pleadings
2. As long as the Plaintiff received the authorization and public notice of a management and disposal plan under the Urban Improvement Act, the use and profit-making of the right holder, such as the owner, lessee, etc. of the previous building, is suspended pursuant to Article 49(3) and (6) of the Urban Improvement Act (Article 81(1) of the current Act), and the Plaintiff is able to use and profit-making, barring any special circumstance, the Defendants who possess each building listed in the separate sheet in the project zone are obliged to
(see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Defendant G and I asserted that the compensation for losses has not been completed, since Defendant G and I filed an objection against the adjudication of expropriation with the Central Land Expropriation Committee on the said adjudication.
Article 49 (6) of 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 referred to as the "former Act") (Article 81 (1) of the current Act) (Article 81 (6) of 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 referred to as the "former Act") shall not use or benefit from the previous land and buildings until the date of public announcement of relocation under