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1. The Plaintiff:
A. Defendant B delivers the part of the building indicated in the attached Table 1’s real estate list;
B. Defendant C is attached Form 2.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
(2) Pursuant to the foregoing, the Plaintiff is a housing redevelopment and rearrangement project association whose business area covers 232,885 square meters in Busan Dong-gu, Busan Metropolitan City, and each building listed in the attached list is located in the above business area. (2) The Plaintiff is granted authorization from the head of Dong-gu Busan Metropolitan City, the authorization for establishment of the business plan on April 28, 2006, the authorization for the business plan on May 13, 2010, and the approval for the management and disposal plan on July 20, 2015, respectively, and the above management and disposal plan was publicly announced
3) Defendants B and C occupy the buildings listed in the attached Table 1’s real estate list; and Defendant C occupy the buildings listed in the attached Table 2’s real estate list, respectively. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1, No. 4-1, and No. 4-2; the purport
B. According to the above facts of recognition, the Plaintiff is the implementer of the management and disposal plan under the Urban Improvement Act, and the Defendants possess the relevant building indicated in the attached list in the rearrangement zone. When the management and disposal plan is authorized and publicly announced pursuant to Article 49(3) and (6) of the Urban Improvement Act, the use and profit of the right holder, such as the owner, lessee, etc. of the previous building, is suspended (see, e.g., Supreme Court Decisions 91Da22094, Dec. 22, 1992; 2009Da53635, May 27, 2010). Unless there are special circumstances, the Plaintiff’s above management and disposal plan is authorized and publicly announced so that the Plaintiff can use and profit from the relevant building; Defendant B is obligated to deliver the building listed in the attached list 1, and Defendant C is obligated to deliver the building listed in the attached list 2
2. Judgment on the defendant's assertion
A. The Defendants asserted, first, that the Plaintiff could not accept the Plaintiff’s claim due to the Plaintiff’s failure to pay compensation for losses.
However, according to the evidence Nos. 3 and 4-1 and 2, following the Plaintiff’s lawful acceptance procedure, Defendant B on April 7, 2017, and Defendant C on April 3, 2017, respectively.