건물명도(인도)
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. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) on the area of 86,360.80 square meters in Gwangju Northern-gu Seoul Northern-gu Seoul Special Metropolitan City.
B. The Defendant occupies the instant building as the owner of 1/2 shares among the buildings listed in the attached list within the said rearrangement project zone (hereinafter “instant building”).
C. On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the Plaintiff, and announced it as D public notice of the North Korean district in Gwangju Metropolitan City on January 30, 2019.
On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 11, 2019, the Plaintiff deposited KRW 281,22,500 of the compensation for the adjudication of expropriation of the instant building site as of December 12, 2019, under the above court No. 10203, Dec. 11, 2019, the deposited KRW 324,062,50 of the compensation for the adjudication of expropriation of the instant building under the Special Metropolitan City District Court Decision No. 20359, Dec. 12, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, leaseer, etc. shall not use or profit from the previous land or building by the date of public announcement of a management and disposal plan under Article 78(4): Provided, That this shall not apply where compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) is not completed.”
In addition, Article 40 (1) of the Act on the Public Works Projects, which is applied mutatis mutandis by Article 65 (1) of the Act on the Maintenance of Urban Areas, shall be excluded from the cases of use under Article 38 or 39.