건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 9:
The plaintiff is a housing redevelopment project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), which is established to implement a housing redevelopment improvement project with approximately 238,764 square meters in the area of the Dong-gu Seoul Metropolitan Government.
B. The Defendant, as the owner of the real estate in the attached list in the above improvement zone (hereinafter “instant real estate”), is the Plaintiff who filed an application for parcelling-out with the Plaintiff.
C. On the other hand, the management and disposal plan was approved on May 4, 2016 regarding the housing redevelopment improvement project, and the notice was completed on May 11, 201.
2. Determination
A. According to the facts of recognition as to the cause of the claim, the above management and disposal plan is authorized and publicly announced, and the use and profit-making of the defendant with respect to the real estate in the above rearrangement zone is suspended pursuant to Article 49(6) of the Urban Improvement Act, and the plaintiff, who is the implementer of the above housing redevelopment project, can use and profit-making therefrom (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010); and the defendant is obligated to deliver the real estate in this case to the plaintiff, barring any special circumstances.
B. The Defendant asserts that the Defendant cannot comply with the claim for delivery of this case before receiving the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) pursuant to the proviso to Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works Projects.
However, a "land owner, etc." who participated in an improvement project by applying for parcelling-out with consent to the improvement project shall complete the implementation of the improvement project instead of providing his/her own land or buildings for the improvement project.