건물명도(인도)
1. The Plaintiff:
A. Defendant B delivers a building listed in the attached Table 1;
B. Defendant C is listed in the Appendix 2.
1. Determination as to the cause of claim
A. The facts following the facts of recognition are deemed to have been led by the same defendant pursuant to Article 150 of the Civil Procedure Act among the plaintiff and the defendant C, and the facts can be acknowledged in accordance with the overall purport of each of the statements and arguments as set forth in subparagraphs A and 4 between the plaintiff and the defendant B.
1) The Plaintiff obtained authorization for the establishment of a housing redevelopment project association with the area of project district of 91,426.3 square meters located in Changwon-si, Changwon-si, Changwon-si. The building indicated in the attached Table 2 is located in the above project implementation district, and the Defendants occupy and use each of the above buildings as a lessee of each of the above buildings.
3 On February 4, 2016, the Changwon market approved and publicly notified a management and disposal plan for the plaintiff.
B. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and its announcement is made, the owner, etc. of the previous land or structure cannot use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act. As recognized earlier, the public announcement of the approval of the management and disposal plan was made, the Defendants cannot use or benefit from each building listed in the attached list, and are obligated to
2. Defendant B’s assertion argues that the above building cannot be transferred to the Plaintiff unless the Plaintiff received compensation, such as relocation expenses, etc., since Defendant B started to occupy and use the building indicated in the attached Table 1 on January 9, 2007 by leasing and using the building.
According to Article 9-2 (3) of the Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, compensation for housing relocation costs is for tenants residing in the relevant improvement zone as of the date of public announcement for public inspection of residents in order to designate the improvement zone, and according to each of subparagraph 5 and No. 1, it is related to