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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. Facts of recognition;
A. During Ansan-si, the Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project (hereinafter “instant redevelopment project”) on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).
B. On January 15, 2016, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the Ansan market, and on February 27, 2017, the management and disposal plan was publicly announced on the same day.
C. The Defendant leased and occupied the real estate in the attached list in the above improvement zone (hereinafter “instant housing”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-2, the purport of the whole pleadings
2. Determination:
A. Article 49(6) main text of the Urban Improvement Act provides, “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or profit from the previous land or building until the date the previous public announcement is made pursuant to Article 54.” Thus, when the approval of the management and disposal plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant, whose use or benefit as the lessee is suspended pursuant to the public announcement of the management and disposal plan,
B. The defendant shall pay damages compensation, relocation expenses, living expenses, etc. to rental apartments, and migration.