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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in the Plaintiff’s written evidence Nos. 1 through 7 as to the Plaintiff’s claim, the Plaintiff is a cooperative that has obtained authorization to establish a housing reconstruction project (project implementation district: Seoul, Dongjak-gu, Seoul, 33,593 square meters) on August 12, 2010; the Plaintiff obtained authorization to implement the project on December 7, 201; the authorization to implement the management and disposition plan on May 30, 201; and the authorization to revise the management and disposition plan on October 17, 2014; and the authorization to revise the management and disposition plan on October 23, 2014; the Plaintiff determined the resettlement period through the board of representatives to be from November 20, 2014 to March 19, 2015; and notified the Plaintiff’s members thereof; while the Defendant leased the real estate from the Plaintiff’s association members to the real estate list (the real estate of this case).
According to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan of a cooperative is authorized and publicly announced, a right holder such as a lessee of a previous land or building cannot use or profit from the previous land or building until the date of public announcement of relocation under Article 54 of the same Act. Thus, barring special circumstances,
2. The defendant's assertion is alleged to the purport that the defendant will deliver the lawsuit after the conclusion of the lawsuit because the lawsuit related to the plaintiff's project implementation is pending in the court. However, there is no assertion or proof of the lawsuit in progress, and the above ground does not constitute a ground for refusing delivery. Thus, the above argument is
3. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff. Thus, the plaintiff's claim shall be accepted and it is so decided as per Disposition.