건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of lawsuit shall be borne by each person;
3...
1. Facts of recognition;
A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the scale of 116,66.10 square meters in the Gu, Ansan-si. The Plaintiff obtained authorization for the implementation of a housing redevelopment project on January 15, 2016 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on February 27, 2017, and was publicly notified of the management and disposal plan on the same day.
B. The Defendant is the owner of the real estate listed in the separate sheet within the instant redevelopment project zone (hereinafter “instant building”) and is a cash clearing businessman.
C. On April 9, 2018, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of the instant building (hereinafter “instant adjudication of expropriation”), and on May 14, 2018, the Plaintiff deposited KRW 1,357,636,500 as compensation for losses due to the said adjudication of expropriation with the Defendant as depositee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5-1, 6, 7-1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan for a redevelopment project and the announcement thereof are made, the owner, superficies, leasee, etc. of the previous land or buildings may not use or profit from the previous land or buildings without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Article 36 or 45 of the Act on the Maintenance and Improvement of Urban Areas and Article 47 of the Act