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1. The defendant shall deliver the building indicated in the attached list to the plaintiff. 2. The costs of lawsuit shall be borne individually by the plaintiff.
3.Paragraph 1.
Reasons
In the absence of dispute between the parties or comprehensively taking account of the overall purport of the pleadings in each of the evidence of subparagraphs A through 5 (including a branch number if there is a number), all facts recorded in the cause of the claim in the attached Form can be recognized.
Article 81(1) main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “When a public notice is given by a person holding a right, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, he/she shall not use or profit from the previous land or building by the date of the public notice of transfer under Article 78(4), until the date of the public notice of transfer under Article 86.” However, when a public notice is given by a management and disposition plan, the use or profit-making by the person holding a right, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). Accordingly, according to the above fact of recognition, the defendant, who is the project implementer, is obligated to hand over the attached list to the Plaintiff, which is reasonable.