건물명도(인도)
1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 63,773,17 square meters as an improvement zone with the area of 63,73,17 square meters in Changwon-si.
B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on January 7, 2016.
C. The Defendant is the owner of a building as stipulated in paragraph (1) of the order located in the rearrangement zone (hereinafter “instant building”), who has failed to file an application for parcelling-out, and is the cash clearing interest and occupant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, and purport of whole pleadings
2. As to the cause of the claim
A. The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, 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 transfer under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27,
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff who acquired the right to use and benefit as the project implementer, whose use and benefit has been suspended in accordance with the notification of the above management and disposal plan.
3. As to the defense
(a) When the promotion committee for housing redevelopment projects and urban environment rearrangement projects intends to establish the association, the defendant shall obtain authorization from the head of Si/Gun with the consent of not less than 3/4 of the landowners, etc.