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1. The defendant shall deliver to the plaintiff all the rooftops among the real estate listed in the attached Table 3 attached hereto.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On November 19, 2015, the head of Eunpyeong-gu Office approved and publicly notified the Plaintiff’s management and disposal plan established for a housing redevelopment project.
B. The Defendant is occupying the rooftop among the real estate listed in the attached Table 3 list in which the Plaintiff implements the project as a lessee.
[Evidence Evidence: Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5-3, the purport of the whole pleadings]
2. According to the above findings of the determination as to the cause of the claim, the plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
() As a project implementer under Article 48-2 (1) of the Act, an existing building in the project site shall be removed in accordance with the management and disposal plan authorized by the project implementer, and the defendant is unable to use or profit from the previous building pursuant to Article 49 (6), and the project implementer has a duty to deliver the pertinent building to the plaintiff who lawfully acquired the right to use or benefit from the building, except in extenuating circumstances.
(see Supreme Court Decision 2009Da53635, May 27, 2010). As to this, the Defendant asserts to the effect that, after concluding a lease agreement, the Defendant would have to obtain compensation, and that the lease agreement should be fulfilled.
The plaintiff asserts that there is no deposit to be returned due to the failure of the defendant to pay the rent, and the circumstances or materials alleged by the defendant alone are insufficient to deem the claim of this case unfair, and thus, the plaintiff does not accept the defendant's assertion.