건물명도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the area of project of 80,836 square meters in the Seoul Special Metropolitan City, Nowon-gu.
On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City, and authorization for project implementation on May 22, 2014, respectively, and obtained authorization for a management and disposal plan on February 17, 2015 pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The head of Gwanak-gu in Seoul Special Metropolitan City publicly announced a management and disposal plan pursuant to Article 49 (3) of the Urban Improvement Act.
B. The Defendants, as the owners of each real estate indicated in the separate sheet located in the Plaintiff’s project implementation district (hereinafter “each building of this case”), possess each building of this case.
The defendants are eligible for cash settlement because they did not apply for parcelling-out.
[Based on recognition] The descriptions of Gap evidence 1 to 6 (including paper numbers) and the purport of the whole pleadings
2. Plaintiff’s assertion and judgment on the grounds of claim
A. The gist of the claim is that the Plaintiff, a project implementer, acquired the right to use and profit from the previous building pursuant to Article 49(6) of the Urban Improvement Act, and the owner of the pertinent real estate could not use and profit from the pertinent real estate, and as such, the Defendants are obligated to deliver each of the instant buildings to the Plaintiff.
(b) When a public announcement is made under Article 49 (6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions, the owners, superficies, persons having rights, lease holders, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54;
Provided, That this shall not apply to cases where a right holder whose consent has been obtained or compensation has not been completed due to Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.