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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. Under Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was wholly amended by Act No. 14567, Feb. 8, 2017; and Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) stipulates, “The decision, disposition, procedure, and other actions under the former Act at the time this Act enters into force shall be deemed to have been conducted pursuant to the provisions of this Act; hereinafter the same shall apply); thus, the current Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) shall apply to implement the housing redevelopment improvement project (hereinafter “the instant project”) under the Housing Redevelopment Act (hereinafter “the instant Act”).
B. The Defendant held the instant real estate as a lessee who leased the instant real estate at around July 15, 2016, with the lease deposit of KRW 2 million and monthly rent of KRW 200,000,000, around July 15, 2016, from D (the owner was changed to E and F after the conclusion of the lease contract) as the owner or partner of the instant real estate listed in the attached list in the said business zone (hereinafter “instant real estate”).
On July 5, 2018, the Plaintiff received a management and disposal plan from the head of the Dong-dong, and the head of Dong-dong notified the management and disposal plan on July 11, 2018.
[Ground of recognition] Evidence Nos. 1, 12-3, 15-2, 16, and 7, and the purport of the whole pleadings
B. According to the main sentence of Article 81(1) of the Act, when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4), a right holder, such as the owner of the previous land or building, etc., cannot use or benefit from the previous land or building until the date of public notice of transfer under Article 86 of the Act.
In addition to the above facts of recognition, the defendant, unless there are special circumstances, applies to the plaintiff who is the project implementer.