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The defendant shall deliver the attached property to the plaintiff. The costs of lawsuit shall be borne by the defendant.
Reasons
Basic Facts
A. The Plaintiff was a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act”) to promote a housing redevelopment improvement project (hereinafter “instant rearrangement project”) on a scale of 80,720,000 square meters in Bupyeong-gu Incheon Metropolitan City, the Plaintiff was authorized to implement the project on October 28, 201 by the head of Bupyeong-gu Incheon Metropolitan City, the authorization for the management and disposition plan on April 10, 201, and the authorization for the change of the management and disposition plan on October 14, 2019, respectively.
B. The Defendant is the owner of a building (E) with a size of 149 square meters in Bupyeong-gu Incheon Metropolitan City and its ground located within the instant improvement project zone (hereinafter “instant real estate”).
[Grounds for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers), Gap evidence No. 3-1, the purport of the whole pleadings]
2. Determination on the cause of the claim
A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a person holding a right, such as a person holding a superficies on the former land or building, is unable to use or profit from the previous land or building until the date of the public announcement of transfer under Article 86, and a project implementer is entitled to use or profit from the former land or building until the date of public announcement of transfer under Article 86 (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Accordingly, if the public announcement is made by the project implementer as a management and disposition plan, the project implementer may seek against the owner of the land or building located in the rearrangement zone for delivery of the real estate he/she has possessed (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). According to the above recognition fact, the Defendant is obligated to deliver the instant rearrangement project implementer to the Plaintiff, barring special circumstances.
B. The defendant is against F, the former owner of the real estate of this case.