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1. The plaintiff, the defendant B delivers the building listed in the attached list, and the defendant C delivers all of the above building on the first floor.
Reasons
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:
The Plaintiff is a rearrangement association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing reconstruction improvement project (hereinafter “the instant rearrangement project”) whose size is 24,859 square meters in Busan Northern-gu D Il-gu, Busan (hereinafter “the instant rearrangement project”), and the buildings listed in the attached list (hereinafter “the instant building”) are located in the rearrangement zone.
B. On February 2, 2018, the Plaintiff obtained authorization of the instant management and disposition plan for the instant rearrangement project (hereinafter “instant management and disposition plan”); and on February 7, 2018, the said management and disposition plan was publicly notified (hereinafter “instant public notice”).
C. Defendant B is the owner of the building indicated in the attached list within the execution zone of the instant improvement project, and the association members completed the application for parcelling-out for the instant improvement project, and Defendant C is the lessee possessing and using the entire first floor of the said building.
2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a management and disposal plan is authorized and publicly announced, the owners, persons with superficies, persons with right to lease, lease right, etc. of the previous land or buildings may not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 86 of the same Act, and the project implementer may allow them to use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). In light of the aforementioned legal principles, barring any special circumstance, the Defendants, the owner or lessee of the building of this case whose use or benefit from the building of this case has been suspended pursuant to the public announcement of this case, are obligated to transfer the said building to
3. The defendants.