건물명도(인도)
Defendant B, Defendant C, Defendant C, and Defendant D, respectively, have the real estate in the attached Table 1 attached hereto, the real estate in the attached Table 2.
1. Claim against Defendant F;
A. Basic facts 1) The Plaintiff is an association established to implement a housing redevelopment and improvement project (hereinafter “maintenance project in this case”) with the area of 69,774.7 square meters wide G (hereinafter “instant project area”) located in Busan Seo-gu G (hereinafter “instant project area”).
2) On September 13, 2005, the Plaintiff obtained authorization for the establishment of an association from the head of the Busan Seo-gu Office, and obtained authorization for the implementation of the project on July 7, 2006. On August 14, 2019, the Plaintiff obtained authorization for the management and disposal plan of the instant rearrangement project from the head of the Busan Seo-gu Office.
On August 21, 2019, the head of the Busan Seo-gu Office publicly announced the management and disposal plan.
3) Defendant F is a lessee of the attached Table 5 re-building (hereinafter “instant building”) within the instant project zone, and is occupying and using the said building.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 11, Gap evidence Nos. 12-3, Gap evidence Nos. 13 and 14, and the result of inquiry into the facts with respect to the court's public petition passport in Busan Seo-gu, Busan, the purport of the whole pleadings
B. Determination 1) According to Article 81(1) of the Act on the Establishment of Urban Areas and Residential Environments (hereinafter below, “Act on the Establishment of Urban Areas and Dwelling Conditions,”) regarding the cause of a claim, a person holding a right, such as a person holding a right to lease on a deposit basis with a person holding a right to lease on a deposit basis, cannot use or profit from the previous land or building until the date of the public announcement of transfer under Article 86, and the project implementer can use or benefit from the former land or building until the date of public announcement of transfer under Article 86 (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Accordingly, if a public announcement is made by the project implementer, the project implementer may seek the transfer of the real estate in his/her possession against the lessee of the land or building located within the rearrangement zone based on the foregoing provision (see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014).