건물명도(인도)
1. The Defendants shall deliver to the Plaintiff each real estate listed in the list (attached Form).
2. The costs of lawsuit are assessed against the Defendants.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project association and a project implementer of the instant project, which obtained approval for the establishment of a housing redevelopment project (hereinafter “instant project”) on August 25, 2009 in order to implement a housing redevelopment project with the area of 126,830 square meters or more in Suwon-si, Suwon-si D Daywon-si.
B. On June 15, 2012, the Suwon City issued a disposition to authorize the implementation of the instant project against the Plaintiff. On June 18, 2012, the Suwon City announced the authorization to implement the project on June 18, 2012, issued a disposition to approve the management and disposal plan on June 8, 2018, and announced the approval plan to implement the project on
C. The Defendants are tenants who leased each of the relevant parts of each of the real estate located within the instant project zone (attached Form) listed in the list (hereinafter “each of the instant real estate”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 4-1, 2-2, Gap evidence 5, 6, the purport of the whole pleadings
2. Determination
A. 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim
(1) Article 81(1) of the Act provides that “When the authorization of the management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date the transfer is publicly notified under Article 86. Therefore, if the disposition of the management and disposition plan is publicly notified, the former owner, etc. is suspended from using or benefit from the subject matter, and thus, the project implementer is able to use or benefit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decisions 2009Da28394, Nov. 24, 201; 2017Da289712, May 15, 2018).