건물명도(인도)
1. In accordance with a claim for a change in exchange in this court, the Defendant: (a) was 838 square meters in Northern-gu, Northern-si; (b)
(a) annex.
1. Basic facts
A. The Plaintiff, as the implementer of the “A urban development project” (hereinafter “instant project”), which is going through a replotting method in the north-gu Dri region at the port of port, obtained authorization of a replotting plan on September 20, 2017, and designated the relevant land substitution plan on November 1, 2017.
B. The Defendant occupies the part (B) of the ship, which connects each point of 1, 2, 3, 6, 7, and 1 of the annexed drawings located on the land of 838 square meters in North-gu, Northern-gu, the business district of this case, in sequence, to the (a) part (a) part of the ship (a) which connects each point of 144 square meters on the ground, 144 square meters of the office of lightweight steel frame, sand position plate, and the knick roof, and 3, 4, 5, 6, and 3 of the annexed drawings, which are located on the (b) part (b) of the ground, which are located on the ground of 838 square meters in North-gu, the business district of this case, and 24 square meters of the water repair point of kn
C. On April 23, 2019, the Plaintiff obtained permission for the port market pursuant to Article 38(1) of the Urban Development Act in order to relocate or remove each of the instant buildings.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. Determination
A. If necessary under Article 38(1) of the Urban Development Act, an implementer of an urban development project who has designated the predetermined land for replotting to determine the cause of the claim may relocate or remove buildings, etc. located in an urban development zone, and if those who possess buildings, etc. are obstructed by the relocation or removal thereof, the implementer may file a request for eviction against the occupant for the smooth realization thereof (see, e.g., Supreme Court Decision 2013Da89549, Sept. 4, 2014). Barring special circumstances, the Defendant, upon the Plaintiff’s request, is obligated to withdraw from each building of this case
B. The defendant's assertion is alleged to the purport that the compensation for the implementation of the project of this case (the amount of adjudication by the Gyeong-do Regional Land Tribunal) is not half of the actual transaction price, so the plaintiff's claim cannot be complied with. However, the defendant's above assertion is discussed.