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1. The defendant shall leave from one floor of the buildings listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. The Plaintiff is an redevelopment and consolidation project association that has obtained authorization to implement a housing redevelopment and rearrangement project in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. The defendant is occupying as a lessee of the first floor among the buildings listed in the attached list.
C. After obtaining authorization for project implementation, the Plaintiff obtained authorization for a management and disposal plan under Article 74 of the Urban Improvement Act (Act No. 14943, Nov. 10, 2017) on November 10, 2017, and the said management and disposal plan was publicly announced as Busan-gu Busan-gu Public NoticeD on November 15, 2017 pursuant to Article 78(4) of the Urban Improvement Act.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, purport of whole pleadings
2. In accordance with the notice of the above administrative disposition plan, the defendant is obligated to deliver the above building to the plaintiff, who is the project implementer, inasmuch as it is impossible to use and profit from the above building pursuant to Article 81(1) of the Act.
Although the Defendant alleged that it was impossible to accept the Plaintiff’s claim due to its failure to receive directors’ expenses, etc., it cannot be deemed that the Defendant’s obligation to pay the Plaintiff’s director expenses, etc., such as the Defendant’s director expenses, is in a preferential performance or simultaneous performance (see Supreme Court Decision 2013Da40643, Feb. 15, 2017), and the Defendant’s assertion cannot be accepted.
The plaintiff's claim is justified and accepted.