건물명도(인도)
1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership that has been established with the area of project implementation of 171,652m2 in Suwon-si, Suwon-si.
B. The Plaintiff obtained authorization for establishing an association on January 6, 2010 from the Suwon Market, the authorization for a project implementation plan on December 11, 2015, and the authorization for a management and disposal plan on March 23, 2017, respectively, and publicly announced the management and disposal plan approved on March 27, 2017.
C. Defendant B, as the owner of the building indicated in the attached list in the project implementation district (hereinafter “instant building”), did not apply for parcelling-out to the Plaintiff, and became subject to cash liquidation, and Defendant C, as the children of Defendant B, concurrently occupied the said building.
On April 30, 2018, the Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with Defendant B, who is a person subject to cash settlement, and the Gyeonggi-do Local Land Tribunal rendered a ruling to the effect that “The date of commencement of expropriation shall be determined as June 14, 2018 and shall be accepted as compensation 494,292,520 won.” Accordingly, the Plaintiff deposited KRW 494,292,520 on June 7, 2018.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including each number), and the purport of whole pleading
2. Article 49(3) 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 “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official report of the relevant local government.” Article 49(6) provides that “When a public announcement is made pursuant to paragraph (3), a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement
However, the consent of the project implementer.