건물퇴거
1. The Defendant shall leave the Plaintiff from 74.8m2 to 74.8m3m2 of the building indicated in the attached list.
2. The costs of lawsuit shall be individually counted.
1. Indication of claim;
A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 87,883 square meters as an improvement zone with the size of 87,83 square meters in Changwon-si, Changwon-si.
B. The Plaintiff received the authorization to implement the project on June 27, 2014 from the original market, and the authorization to implement the project on June 19, 2015, respectively, and the authorization to implement the management and disposal plan on June 19, 2015, and the original market was publicly notified on June 19, 2015.
C. Nonparty D is the owner of the building indicated in the attached list located in the rearrangement zone and completing the application for parcelling-out, and the Defendant is the occupant of the building specified in paragraph (1) of this Article.
Article 49(6) main sentence of Article 49(6) of the Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27
The defendant whose use or profit has been suspended in accordance with the notification of the above management and disposal plan shall be obligated to leave the building specified in paragraph (1) of the disposition to the plaintiff who acquired the right to use or benefit as the implementer.
2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).