건물명도(인도)
1. The defendant is paid KRW 3 million from the plaintiff, and at the same time, among the first floor of the real estate stated in the attached Table to the plaintiff.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association that has the Eunpyeong-gu Seoul Metropolitan Government Group C as a project implementation district.
B. The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan on March 2, 2017 on the housing redevelopment improvement project implemented by the Plaintiff, and publicly notified it.
C. On October 11, 2013, the Defendant leased the instant real estate from D as KRW 3 million, KRW 150,000 per month, KRW 150,000 per month, and KRW 24 months, and around that time, owned the instant real estate by paying the deposit to D.
[Ground of recognition] Facts without dispute, Gap's 1 to 6 evidence, Eul's 3 and 4 evidence (including branch numbers), the purport of the whole pleadings
2. Determination
A. When a management and disposal plan for the plaintiff's cause of action is approved and publicly notified, the right holder of the previous land or structure shall lose the right to use or benefit from the previous land or structure as stipulated in the management and disposal plan, and the project implementer shall remove the existing structure or acquire the right to dispose of or use it by other methods for the implementation of the rearrangement project (hereinafter "Urban Improvement Act").
) Article 49(6) of the Plaintiff’s management and disposition in this case is authorized and publicly notified, so the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. The Defendant’s argument regarding the Defendant’s assertion is defense that the Plaintiff could not respond to the Plaintiff’s claim before receiving the lease deposit. Thus, the Defendant’s lease of the instant real estate from D on October 11, 2013 as KRW 3 million, KRW 150,000,000, KRW 1500,000, and KRW 24 months, and thereafter, the Defendant paid the deposit to D at around that time and possessed the instant real estate. As seen earlier, under Article 44(1) and (2) of the Urban Improvement Act, the improvement project is performed.