건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is as indicated in the grounds for the claim, and the fact that the Defendant occupied and operated the commercial building as indicated in the separate sheet is no dispute between the parties.
2. Judgment on the ground of the Plaintiff’s claim
A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a person holding a right, such as an owner of a previous parcel of land or structure, shall not use or benefit from the previous parcel of land or structure when the approval of a management and disposal plan is publicly announced. However, the same shall not apply where a project operator’s consent is obtained or compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter
According to the main sentence of Article 65 (1) of the Urban Redevelopment Act, the Land Compensation Act shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for the implementation of a housing redevelopment improvement project within a housing redevelopment improvement zone, except as otherwise expressly provided for.
According to Article 77 (1) of the Land Compensation Act, the business losses incurred by the discontinuation or suspension of business shall be compensated in consideration of the business profits, expenses incurred in relocating facilities, etc., and Article 55 (1) of the Enforcement Rule of the Land Compensation Act provides that the movable property (excluding movable property subject to compensation for director expenses under paragraph (2)) to be transferred according to the acquisition or use of land, etc. shall be compensated for the expenses incurred in the relocation and the amount of depreciation incurred by the relocation, and Article 7 (2) provides that the resident of a residential building to be incorporated in the zone where the public works are performed shall compensate for the expenses incurred in the relocation (referring to the expenses incurred in transporting movable property, such as household tools, etc.) calculated in accordance with
B. In light of the relevant legal principles and the aforementioned provisions,