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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. The fact of recognition is that the Plaintiff is a housing redevelopment and rearrangement project partnership that obtained authorization on May 18, 2005 to implement a housing redevelopment and rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 100,459 square meters in Nam-gu, Busan Metropolitan City. The Plaintiff is an owner who owns real estate in the attached Form (hereinafter “instant real estate”) within the said area, and the Plaintiff is a member who applied for parcelling-out within the period of
Plaintiff
On November 13, 2017, the Cooperative received an administrative disposition plan in accordance with the Act on the Maintenance and Improvement of Urban Areas, which was publicly notified as D/D on November 15, 2017.
The defendant currently occupies the real estate of this case.
Plaintiff
Part of the articles of association of a cooperative is as follows.
Article 42 (Application for Parcelling-Out, etc.) (4) Where a member of the Cooperative falls under any of the following subparagraphs, the Cooperative shall liquidate in cash the buildings and other rights within 150 days from the date of falling under such case:
The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.
1. An applicant for parcelling-out;
2. Persons who have withdrawn the application for parcelling-out;
3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings
2. Determination
A. When a public notice of approval of an administrative disposition plan under Article 78(4) of the Act on the Determination of Grounds for Claim is given, the use and profit-making by the right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee of the previous land or building, shall be suspended pursuant to Article 81(1) and the project implementer may use and benefit from the former land or building.