건물명도(인도)
1. The defendant points out of the second floor of the building stated in the attached Table 1 list to the plaintiff, as indicated in the attached Form 1 list ①, ②, ③, ④, and ①.
In fact, the Plaintiff is a partnership established for the purpose of housing redevelopment improvement project by using the area of the project for the project of Goyang-gu Seoul Metropolitan City 58,393 square meters as the area of the project. On April 12, 2012, the Plaintiff obtained on September 8, 2015, the authorization on the implementation of the redevelopment project on September 8, 2015, the authorization on the management and disposal plan on March 2, 2018, and the public notice of the authorization was given at the time of each authorization.
Buildings listed in the attached list 1 (hereinafter referred to as the “instant building”) are located in the said project implementation district, and are owned by Category D.
Of the second floor of the instant building, the Defendant occupied and used the portion (B) in the ship (hereinafter “the part in the Defendant’s possession”), which was connected with each point in sequence, by leasing and using the section (B) 178.325 square meters (hereinafter “the part in the instant case”).
On May 27, 2019, the Plaintiff deposited compensation under the expropriation ruling for the instant building and its site against Class D, and on July 19, 2019, the Plaintiff deposited compensation for losses under the expropriation ruling for Class D.
[Based on recognition, Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which provides that "the owner, superficies, leaseer, etc. of the previous land or building may not use or benefit from the land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78 (3), where the owner, superficies, leaseer, etc. of the previous land or building is publicly notified: Provided, That the same shall not apply where the approval of the project operator is obtained or the compensation for losses is not completed under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor." Thus, when the management and disposal plan is approved and the compensation for losses is completed, the former owner, etc. of the land or building within the project area is suspended, and the project operator can use or benefit from the said land or building.