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1. The defendant, among the first floor of the building listed in the attached list, shall be able to indicate the attached drawing, e.g., 8, 9, 3, and 4.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the size of 89,853.4 square meters in Seongbuk-gu Seoul Metropolitan Government as a project implementation district. The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government, for the establishment of the association on April 21, 2009; the authorization for the implementation of the project on April 11, 2013; the authorization for the implementation of the project on December 26, 2013; and the authorization for the management and disposal plan was obtained on December 22, 2014 pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government announced the above management and disposal plan on December 26,
B. The Defendant leased and occupied and used the section 28 square meters of “A” portion on board, which connects each point of the attached Form No. 4, 5, 8, 9, 3, and 44 of the building indicated in the attached list within the project implementation district, from D, the owner of the building (hereinafter “instant building”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1-3 evidence (including a provisional number; hereinafter the same shall apply) and the purport of whole pleadings
2. The assertion and judgment
A. When the determination of the management and disposal plan regarding the cause of the claim is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts of recognition, the defendant occupies the building of this case located within the project implementation district, and thus, the defendant is obligated to deliver
B. Defendant’s defense 1) The Defendant is invalid since the above management and disposal plan authorization and project implementation authorization are invalid, and the Defendant’s assertion is not accepted since there is no evidence to acknowledge that the above authorization was invalid.