건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project with the area of 41,900 square meters wide as a rearrangement zone during Ansan-si.
B. On March 30, 2017, the Ansan City approved and publicly notified the Plaintiff’s management and disposal plan.
C. The Defendant leased and occupied the above real estate from the owner of the real estate listed in the separate sheet in the above improvement zone.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, 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 transfer under Article 86.” Thus, when the public announcement of a management and disposition plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant whose use or profit as the lessee has been suspended pursuant to the public announcement of the authorization of
B. The defendant's argument and the argument that the business loss compensation 1 is unpaid, the defendant asserts that the plaintiff cannot accept the plaintiff's claim for delivery of the building since he did not have paid the business loss compensation to the defendant.
According to the evidence evidence Nos. 5 and 6, the Gyeonggi-do Regional Land Tribunal shall enter the attached list on February 28, 2018.