건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate listed in the attached real estate list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which promotes a reconstruction project for multi-family housing and ancillary facilities on the site of Gangnam-gu Seoul Special Metropolitan City Seoul Metropolitan City 399,741.7 square meters, and the Defendant is a lessee of the real estate indicated in the attached Table list (hereinafter “instant real estate”).
B. The Plaintiff was authorized to establish an association on October 14, 2003, authorization for the implementation of the project on April 28, 2016, and authorization for the implementation of the project on April 6, 2018, and notified of the approval for the implementation plan on April 13, 2018.
[Ground for recognition] Unsatisfy
2. Determination
A. Article 81(1) of the Act on the Determination of the Grounds for Claim provides that "the owner, superficies, leasee, lessee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date when the approval for the management and disposal plan under Article 78(4) is publicly notified," with respect to the use of the building, etc., the suspension and removal of proceeds therefrom, etc., shall be prohibited from using or benefit from the previous land or building until the date when the approval for the management and disposal plan is publicly notified under Article 86."
B. The defendant asserts that the housing reconstruction project that did not devise the housing measures for the lessee violates the Constitution that guarantees the pleasant residential life for all the people.
However, since the housing reconstruction project and housing redevelopment project are different in terms of the nature of the project, etc., it is necessary to urgently implement the housing reconstruction project (Articles 38(1) and 8(4)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor).