건물명도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district is 89,853.4m2 in Seongbuk-gu Seoul Metropolitan Government, and is granted authorization for project implementation on April 11, 2013 by the head of Seongbuk-gu Seoul Metropolitan Government, and was granted authorization for project implementation on December 22, 2014 pursuant to Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of Seongbuk-gu Seoul Metropolitan Government publicly notified the management and disposal plan on December 26
B. The Defendant is the owner of the building indicated in the annexed building list (hereinafter “instant building”).
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Determination
A. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, mortgagee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant is obligated to deliver the building of this case to the Plaintiff who acquired the right
B. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim prior to the decision of acceptance and payment of compensation.
It is reasonable to view that the implementer of a housing redevelopment improvement project has completed the compensation for losses under the Public Works Act as stipulated in Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (see, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013). According to the overall purport of the statements and arguments stated in the evidence No. 5-1 and No. 5-2, the Seoul Special Metropolitan City Regional Land Tribunal on June 26, 2015.