건물인도
1. The defendant shall deliver to the plaintiff the real estate indicated in Section B, which is indicated in the attached Table B, to the plaintiff.
1. Basic facts
A. The Plaintiff is a reconstruction association that completed the registration of establishment on June 1, 2010 for the purpose of improving the urban environment and improving the quality of residential life through the business of removing defective buildings on the ground of 37,022,00 square meters in the Gu-si Seoul Special Metropolitan City, and constructing new buildings (hereinafter “instant improvement project”).
B. The progress of the instant rearrangement project is as follows.
1) On December 21, 2009, designation of a rearrangement zone (Notice D 2 of Gyeonggi-do Office 2) 2) on January 28, 2014, the authorization and announcement (Notice E) of the project implementation plan on March 13, 2020 on March 13, 202 (Notice E of Council Government 2)
C. The Defendant occupies the real estate indicated in Section B (hereinafter “instant real estate”) in the indication of the real estate to be delivered to each of the Defendant in attached Table B.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings
2. Determination as to the cause of claim
A. Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance and Improvement of Urban Areas”) provides that “When the head of a Si/Gun, etc. approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government.” The main text of Article 81(1) provides that “When a public notice is given by the owner, superficies, lease holder, etc. of the previous land or building, the right holder, such as the owner, superficies, lease holder, etc., of the previous land or building, shall not use or profit from the previous land or building by the date of the public notice of transfer under Article 86.”
B. As seen earlier, the management and disposal plan authorized for the instant rearrangement project as to the occurrence of the obligation to deliver real estate was publicly notified on March 13, 2020, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.
3. The defendant's assertion is based on this opinion.