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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. Determination as to the cause of claim
A. 1) During Ansan-si, the Plaintiff is an improvement zone (hereinafter “instant improvement zone”) with a size of 116,66.10 square meters in the Gu C Il-gu, Ansan-si.
2) Housing redevelopment project under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”).
(2) For the purpose of 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”).
(2) On January 15, 2016, the Plaintiff obtained authorization for the establishment of a housing redevelopment project from the Ansan market on February 21, 2012, and the Plaintiff obtained authorization for the implementation of the redevelopment project within the instant rearrangement zone from the Ansan market on January 15, 2016, and on February 27, 2017, the management and disposal plan was publicly announced on the same day after receiving the approval for the management and disposal plan.
(3) On August 31, 2015, D, a member of the Plaintiff, of the Korea Land and Housing Corporation, set the term of lease deposit amount of KRW 90,00,00, and the term of lease from September 11, 2015 to September 10, 2017, an apartment as stated in the attached Table (hereinafter “instant apartment”).
A) The Defendant leased the instant apartment from September 11, 2015, and the Defendant occupied and used the instant apartment from around September 1, 2015. [Grounds for recognition] of the absence of dispute, Gap evidence Nos. 1 to 6, and 9 (each entry and the purport of the entire pleadings, including various numbers).
B. The main text of Article 49(6) of the former Act provides, “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date the previous public announcement is made pursuant to Article 86.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land