건물인도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1.The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including a serial number) by reference to the whole purport of the pleadings:
The Plaintiff is a housing redevelopment and rearrangement project association established on April 25, 2005 by obtaining authorization from the head of the Busan Metropolitan City Council to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 72,313.6 square meters in Seo-gu, Busan Metropolitan City (hereinafter “instant rearrangement project”), and the Defendant is a member who owns and occupies real estate in the attached list (hereinafter “instant building”) and its site within the instant rearrangement project zone and has completed the application for parcelling-out within the period of implementation by the Plaintiff.
B. On September 24, 2017, the Plaintiff: (a) held a general meeting on September 24, 2017 and decided on a draft management and disposition plan; and (b) applied for the approval plan; and (c) on November 14, 2017, the said approval was publicly notified on November 22, 2017 by the head of the Gu
(D) According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and the public notice is made, the right holder, such as the owner of the previous land or building, etc., can not use or profit from the previous land or building until the public notice of relocation is given under Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
With respect to the instant case, the Plaintiff, a project implementer of the instant rearrangement project, obtained authorization of the management and disposal plan concerning the said rearrangement project from the head of ideas and ideas on November 14, 2017, and the head of ideas and ideas publicly notified the above management and disposal plan on November 22, 2017 as seen earlier. As such, the Defendant is obligated to deliver the instant building to the Plaintiff, a project implementer.
3. Thus, the plaintiff's claim of this case is justified.