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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...
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association with the approval of establishment from the head of Busan District on June 30, 2005 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 107,329 square meters located in Busan District C, Busan District.
B. The Defendant is the owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and is the member who completed the application for parcelling-out on February 10, 2017, which is within the period for application for parcelling-out (from January 16, 2017 to March 11, 2017), as notified by the Plaintiff’s association.
C. On November 10, 2017, the head of Busan District Government authorized the amendment of the management and disposition plan of the Plaintiff, and publicly notified on November 15, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings
2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan is authorized and publicly announced, the owner, superficies, lease right holder, etc. of the previous land or structure may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act, and the project implementer may allow him/her to use or profit from the former land or structure (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). The fact that the head of Busan Busan Metropolitan City, which was the head of Busan Metropolitan City, announced that the change of the management and disposal plan was approved on Nov. 15, 2017, the Defendant, the owner of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.
3. Judgment on the defendant's assertion
A. The purport of the Defendant’s assertion is that the Plaintiff unfairly set the land compensation and the Defendant withdraws from the partnership to the Plaintiff, 2018 patrolmen.