beta
Text
1. The defendant shall deliver to the plaintiff the real estate listed in the attached real estate list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting the housing reconstruction improvement project (hereinafter “instant reconstruction project”) on the land of Gangnam-gu Seoul National Housing Site. The Defendant is a lessee of the real estate indicated in the attached list of real estate located within the instant reconstruction project zone.
B. On April 6, 2018, the head of Gangnam-gu approved the Plaintiff’s management and disposal plan for the instant reconstruction project, and publicly notified on April 13, 2018.
【Ground for recognition】 The fact that there has been no dispute, Gap’s 1 through 5, Gap’s 6-7, and Gap’s 7-7, the purport of the whole pleadings
2. The main text of Article 81(1) of the Act on the Determination of Urban Improvement provides, “When the authorization of the management and disposition plan is publicly announced, the owners, superficies, persons having rights to lease, lease, lease, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of the approval plan for the management and disposition plan is made, the use or profit from the former land or buildings by the right holders, such as owners, superficies, persons having rights to lease, lease, etc., shall be suspended, and the project implementer may use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). In light of the foregoing legal principles, in the instant case, the defendant, who has been suspended from use or benefit
The defendant is promoting reconstruction without considering the socially weak in violation of the principle of good faith.