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1. The Plaintiff:
A. Defendant B is a mark 1 on the attached Form No. 1 among the real estate listed in the attached Table No. 1 list of the building,
Reasons
1. Basic facts
A. The Plaintiff is a street housing maintenance project association which completed the registration of incorporation on February 22, 2017, with the approval of the head of Yeongdeungpo-gu Seoul Metropolitan Government under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14567, Feb. 8, 2017) to implement a project (Article 2 subparagraph 2 (f) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14567, Feb. 8, 2017) to implement a project implemented to improve residential environment on a small scale while maintaining previous street in a block in which the worn-out and inferior structures for a street improvement project of which are densely located in a street zone of Seoul A, A, Japan, 356 square meters, and completed the registration of incorporation
B. On November 1, 2019, the Plaintiff obtained approval of a project implementation plan from the head of Yeongdeungpo-gu pursuant to Article 29 of the Act on Special Cases concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Improvement Act”).
C. The Defendants are the right of lease who possess the pertinent part of each of the real estate listed in the separate sheet of the building located within the said block-unit housing rearrangement project zone (hereinafter “each of the instant buildings”), as indicated in paragraph (1) of this Article.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings
2. The main text of Article 37(1) of the Determination of Small-Scale Housing Maintenance Act provides, “When a project implementation plan has been approved, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 40.” The use or benefit from each of the real estate of this case by the Defendants, the lessee, according to the approval of the project implementation plan of this case, shall be suspended, and the Plaintiff
Therefore, barring special circumstances, the Defendants are obligated to deliver the occupied part of each of the instant buildings to the Plaintiff.
The Defendants shall follow the proviso of Article 37 (1) 2 of the Small-Scale Housing Maintenance Act.