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1. The Plaintiff:
A. Defendant B: attached Form 1. Real estate listed in the list
B. Defendant C shall provide the real estate listed in the Attachment 2. List.
Reasons
1. Determination on the plaintiff's claim
A. In full view of the purport of each statement in Gap evidence Nos. 1 through 9 (including each number), the plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801.0 square meters in Yangcheon-gu, Seoul as the project implementation district, and after obtaining authorization for the project implementation on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government, the plaintiff obtained authorization for the management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 10, 2015, and the above notification was made at that time, and the defendant B is residing as a lessee in the real estate listed in the separate sheet No. 1, and the defendant C has completed the move-in report on the real estate listed in the separate sheet No. 2 as of December 24, 2012, respectively.
B. Article 49(6) of the Urban Improvement Act provides that when a management and disposal plan is publicly announced, a right holder such as the owner, superficies, lessee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of transfer under Article 54. Thus, the Defendants are obligated to deliver to the Plaintiff each real estate listed in the attached list
2. Determination as to Defendant C’s assertion. Defendant C asserted to the effect that the lessee of the real estate listed in the separate sheet No. 2 is E, and thus, he/she cannot respond to the Plaintiff’s claim. However, according to the above evidence No. 9, Defendant C is deemed a lessee of the real estate, and there is no evidence to acknowledge that E is a lessee of the real estate
3. If so, Defendant B is liable to deliver to the Plaintiff the real estate listed in the separate sheet No. 1, and Defendant C is liable to deliver the real estate listed in the separate sheet No. 2. Thus, the Plaintiff’s claim of this case is justified and it is so decided as per Disposition.