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1. The defendant shall leave the plaintiff from the second floor of the real estate stated in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Determination as to the cause of claim
A. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 and 4 and the whole pleadings.
1) The plaintiff is called the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").
(2) On November 16, 2005, an association implementing a housing redevelopment improvement project, which was approved by the head of the Nam-gu Busan Metropolitan City, the head of the Nam-gu Busan Metropolitan Government as the business area with the area of 165,070 square meters, and the non-party D is the owner of the attached real estate located in the above business area. The defendant is the lessee who has leased two floors among the attached real estate listed in the attached list from D. 2) The plaintiff was authorized by the head of the Nam-gu Busan Metropolitan Government on August 16, 2007, and the above project implementation authorization was publicly notified on August 22, 2007.
Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.
3) On November 26, 201, the Plaintiff decided to revise the project implementation plan by holding an extraordinary general meeting on November 26, 201, and the remaining head of the Busan Metropolitan City issued an authorization for the change of the project implementation on October 19, 2012, and announced it on October 24, 2012. 4) The Plaintiff received an application for parcelling-out from October 25, 201 to November 23, 2012, and decided to revise the management and disposition plan as amended on January 26, 2013, and the remaining head of the Busan Metropolitan City issued a public notice on April 10, 2013.
5) D is a person subject to cash settlement who did not apply for an application for parcelling-out, and the Plaintiff applied for a ruling of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee in order to not reach an agreement with D with regard to compensation for the real estate indicated in the attached Form. On October 13, 2014, the said Committee rendered a ruling of expropriation on December 8, 2014 by making the compensation for losses and the starting date of expropriation as the date of expropriation as the date of December 8, 2014. 6) The Plaintiff deposited the full amount of the said ruling of expropriation on October 30, 2014 by making D as the depositee.
B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas.