건물명도
1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. The following facts are acknowledged according to the purport of each of the statements and arguments in Gap evidence Nos. 1 and 13 (including each number):
A. The Plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). On April 13, 2007, the Plaintiff obtained authorization from the head of the Nam-gu Busan Metropolitan Government on the establishment of the Busan Metropolitan City's business area with the members of the Busan Metropolitan Government C Office as the business area.
B. On June 22, 2012, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government, and the said project implementation authorization was publicly announced on July 4, 2012.
Since August 2, 2013, the plaintiff obtained approval of the management and disposal plan from the head of the Nam-gu Busan Metropolitan Government on August 2, 2013, and the above management and disposal plan was publicly announced on August 7, 2013.
2. The assertion and judgment
A. According to Article 49(6) of the Urban Improvement Act, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, can not use or profit from the previous land or building and the project implementer can use or benefit from the former land or building. Thus, according to the above facts of recognition, the defendant is obligated to deliver the attached building
B. As to this, the Defendant asserted that he could not respond to the Plaintiff’s claim before receiving the compensation for loss, such as director expenses.
Article 49 (6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that any right holder, such as the owner of a previous land or structure, may not use or profit from the previous land or structure when the approval of a management and disposition plan is publicly announced, and the proviso of the above provision provides that "the project operator's consent or the compensation for losses under Article 40 and the Act on the Acquisition of Land, etc.