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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of lawsuit shall be borne by each person;
3...
Reasons
1. Facts of recognition;
A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established for the purpose of improving the urban and residential environment and improving the quality of residential life of its members by removing buildings within the area of 57,749.3 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.
B. The Defendant is a lessee of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).
C. The Plaintiff established a management and disposal plan and applied for a management and disposal plan to the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.
Accordingly, the head of Bupyeong-gu Incheon Metropolitan City made a management and disposal plan on October 4, 2018, and publicly notified it on the same day (hereinafter referred to as the "public notice of this case").
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of the previous land or structure, shall not use the previous land or structure or benefit therefrom until the date of public announcement of transfer under Article 86 of the same Act, and a project implementer may use it
According to the above facts of recognition, see Supreme Court en banc Decision 91Da22094 Decided December 22, 1992, and Supreme Court Decision 2009Da53635 Decided May 27, 2010, etc., the Defendant, who is the lessee of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, who acquired the right to use and benefit from the instant real estate in accordance with the instant public notice.
3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.