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1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Facts of recognition;
A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for the establishment from the Busan City Mayor on May 8, 2009 for a A-Housing Redevelopment Improvement Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On February 26, 2010, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the Bupyeong-si mayor; (b) obtained authorization to alter the implementation of the relevant redevelopment project on July 25, 2013; and (c) obtained authorization to implement the relevant management and disposal plan on May 9, 2016; and (d) publicly announced the authorization to implement the relevant redevelopment project on May 16, 2016 in the official gazette.
C. The Defendants, as co-owners of the buildings indicated in the attached list within the rearrangement zone of the instant redevelopment project (hereinafter “instant building”), obtained the status of the Plaintiff by filing an application for parcelling-out with the Plaintiff on October 31, 2013, and occupied the instant building.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), if the approval of a management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, shall not use or benefit from the plan
According to the above facts, the authorization of the instant management and disposal plan was publicly announced on May 16, 2016, and the Defendants lose their right to use and benefit from the instant building and have the duty to deliver the instant building to the Plaintiff, the principal agent of the instant improvement project.
3. Judgment on the defendants' assertion
A. When the Plaintiff announced the conclusion of the sales contract in accordance with the articles of incorporation, the Defendants may become a cash clearing agent by failing to conclude the sales contract. In such a case, the Plaintiff may receive the instant house, which shall compensate the Defendants for losses under Article 49(6) of the Urban Improvement Act.