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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. The Plaintiff is a partnership that has obtained authorization for the establishment of a project from the head of Yeongdeungpo-gu Seoul Metropolitan Government for the purpose of a project improvement project with the size of 7,513m2 in Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district under the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The plaintiff has received the approval of the project implementation and the approval of the management and disposal plan from the head of Yeongdeungpo-gu, and the management and disposal plan was publicly announced on February 18, 2016.
B. The Defendant leased and possessed the buildings listed in the attached list within the said project implementation district (hereinafter “instant building”) from the association members.
C. The Plaintiff deposited KRW 5,024,500 for the Defendant on November 22, 2017 according to the Seoul Special Metropolitan City Local Land Tribunal’s ruling of expropriation.
[Ground of recognition] Facts without dispute, Gap evidence 2-8, Gap evidence 4-7, the purport of the whole pleadings
2. Determination
A. According to Articles 1 and 4(1) of the Traditional Markets Act, the Traditional Markets Act shall apply mutatis mutandis to market improvement projects in order to promote the modernization of facilities and management of traditional markets and shopping districts and the balanced development of the distribution industry by facilitating the modernization of facilities and management of traditional markets and shopping districts, and to promote the revitalization of regional commercial districts and the balanced development of the distribution industry, and the provisions of the Act on the Ownership and Management of Aggregate Buildings and the relevant provisions of the Act on the Ownership and Management of Aggregate Buildings shall apply mutatis mutandis
On the other hand, when a management and disposition plan is publicly announced, the owner, superficies, leasee, etc. of the previous land or building may not use or benefit from the previous land or building until the date of the public announcement of the relocation, and the project implementer shall not use or benefit from it.