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1. The Plaintiff:
A. Defendant B delivers a building listed in the Appendix 11 list;
B. Defendant C and E shall be as shown in Appendix 13.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government.
B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and on December 21, 2017, approved the management and disposal plan and announced it on December 28, 2017.
C. Each real estate listed in the separate sheet is located within the project implementation district, and Defendant B occupies each of the above buildings as the lessee of each building listed in the separate sheet No. 11, Defendant C, and E, listed in the separate sheet No. 13.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Article 49(6) of the Act on the Determination of Grounds for Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is made to the Plaintiff, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings, shall transfer the land or buildings he/she
Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.
3. Judgment on the defendants' assertion
A. As to the violation of procedures, such as prior consultation, the Defendants are first given the authorization to implement the project.