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1. The defendant shall display 1, 2, 3, 4, and 1 of the attached Form 2 among the 1st floor of the real estate indicated in the attached Form 1 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant project”) on a scale of 48,085.40 square meters in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, with authorization to establish an association on July 29, 2009;
8.21. The registration of incorporation shall be completed.
The instant project was authorized and publicly announced on January 18, 2016, and Article 5(1) of the Plaintiff’s Association’s articles of association provides that “A partner shall invest land, buildings, or superficies owned in kind in the association.”
B. The Defendant is a lessee who uses and benefits from the portion of the attached Form 2, 2, 3, 4, and 1, which successively connects each point of the attached Form 1, 2, 3, 4, and 1 among the first floor, as the owner of the real estate indicated in the attached Table 1 located in the instant project zone and the Plaintiff’s partner, based on a lease agreement entered into with D.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2-6, 3 through 5-2, the purport of the whole pleadings and arguments
2. Determination:
A. According to the above facts, the plaintiff has the right to seek delivery of real estate against D who is its member, and the defendant is obligated to deliver the real estate of this case to D, barring special circumstances, since he lost the right to use and benefit from the real estate of this case pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
B. As to this, the Defendant asserted that it cannot respond to the Plaintiff’s claim until the Defendant’s compensation for loss is made, if the purport of the entire pleadings is added to the Plaintiff’s right to operate the real estate of this case from the Land Tribunal of Seoul Special Metropolitan City on September 30, 2016, the Plaintiff was rendered a ruling of expropriation of KRW 2,375,00 for the right to operate the real estate of this case from the Land Tribunal of Seoul Special Metropolitan City on September 30, 2016, and deposited the amount equivalent to the above compensation on November 11, 200. Accordingly, the Defendant’s compensation for loss was completed.
(c).