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1. The defendant shall order the plaintiff each point of the attached Form 1, 2, 3, 6, and 1 among the first floor of the real estate listed in the attached Table list.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4 (including household numbers), the plaintiff is a cooperative established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was established on November 16, 2007 by the head of Seongdong-gu, and obtained authorization for the establishment on January 12, 2017 from the head of Seongdong-gu, and received authorization for the implementation of the project on January 6, 2017, and publicly notified the approval for the management and disposal plan on July 6, 2018. The defendant leased the portion (a) of the attached Form No. 1, 2, 3,6, and 1 of the real estate in the list of the real estate in the plaintiff’s business area and occupied and used it.
In addition, Article 81 (1) of the Urban Improvement Act provides that a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use the previous land or building or benefit therefrom by the date of the public announcement of transfer under Article 86, if the public notification of the management and disposal plan is made under Article 78 (4).
According to the above facts, the defendant has a duty to deliver the above real estate to the plaintiff, since he lost the right to use and benefit from the real estate in accordance with the plaintiff's management and disposal plan notice
B. The defendant's assertion that he cannot respond to the plaintiff's claim before receiving the cost of relocation from the plaintiff, but the defendant's assertion is not accepted since there is no evidence to acknowledge that the defendant is a person eligible
2. Accordingly, the Plaintiff’s claim is accepted on the grounds of the conclusion.