건물명도(인도)
1. The Defendants are simultaneously paid from the Plaintiff, from Defendant B, KRW 20 million, and from Defendant C, KRW 50 million.
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established for the purpose of housing reconstruction and rearrangement project (hereinafter “instant project”) that constructs a new building on the site by removing buildings within 176,496 square meters in Seocho-gu Seoul Metropolitan Government D, and constructing a new building on the site.
B. On May 10, 2012, the Plaintiff obtained authorization to establish the association from the head of Seocho-gu, and obtained authorization to implement the instant project on July 29, 2013, and obtained authorization to implement the management and disposal plan on July 13, 2016, and was publicly notified on the following day.
C. The Defendants possess each of the instant real estate indicated in the “Indication of Real Estate to be delivered to each Defendant” located in each building E and F in the instant project zone from the former owner, respectively. The Plaintiff is the owner who completed the registration of ownership transfer on the instant real estate due to sale around March 23, 2017 pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas, when the authorization of a management and disposal plan is publicly announced, the owners, superficies, persons holding rights, lease right, etc. of the former land or buildings may not use or profit from the former land or buildings without the consent of the project operator until the public announcement of relocation under Article 54 of the same Act is made.
According to the above legal provisions and the above facts of recognition, the plaintiff is a lessee in accordance with the public notice of approval of the management and disposal plan.