건물명도
1. The Defendants shall deliver each of the real estate listed in the separate sheet to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
1. Basic facts
A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with respect to the 55,956 square meters in Gwangju-si, Gwangju-si, and received authorization for the implementation of the project on August 25, 2016 from the Gwangju-si, respectively, and the authorization for the implementation of the instant project on June 21, 2018, and publicly announced the management and disposal plan for the instant project on June 21, 2018 (hereinafter “instant management and disposal plan”).
B. Defendant B is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) located within the instant business zone, and the Defendants occupy the instant real estate, respectively.
C. The Plaintiff filed an application for adjudication with the Gyeonggi-do Regional Land Tribunal, which did not reach an agreement on the compensation for losses, etc. of the instant real estate, and the said Land Tribunal decided on December 10, 2018, which was after the instant lawsuit was filed, on January 24, 2019, on which the date of expropriation was set as January 24, 2019, and the Plaintiff accepted the instant real estate, etc. for the instant project (hereinafter “instant adjudication”).
On January 22, 2019, the Plaintiff deposited KRW 495,734,070 (No. 349 of 2019 and January 24, 2019) for the pertinent compensation for losses as determined by the instant adjudication (No. 349 of 2019 and the deposit date) with the Suwon District Court’s Ansan Branch, and Defendant B as the depositee, and KRW 4,875,000 (No. 347 of 2019 and January 24, 2019) as determined by the instant adjudication, respectively.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 1 through 6, 8 through 10, and the purport of the whole pleadings
2. Determination:
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim refers to the case where a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, has publicly notified the approval of the management and disposal plan