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The defendant shall deliver to the plaintiff the real estate listed in the attached list.
Costs of lawsuit shall be borne individually by each person.
Paragraph 1.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction project association that obtained authorization on September 20, 2007 and completed establishment registration on October 18, 2007 for the purpose of housing reconstruction improvement project (hereinafter “project in this case”) with the project implementation district consisting of 102,200.8 square meters in Seo-gu Daejeon District, Seo-gu, Daejeon.
B. On June 9, 2008, the head of Seo-gu Daejeon Metropolitan City publicly announced the approval of the project implementation plan, the disposition of approval of the project implementation plan, and the authorization of the project implementation plan concerning the project in this case; the approval of the management and disposal plan and the approval of the management and disposal plan on January 12, 201; and the approval of the management and disposal plan on March 19,
C. The real estate listed in the separate sheet (hereinafter “instant real estate”) is located in the rearrangement zone of the instant project, and the Defendant leased the instant real estate and operated the business for the third secretary.
[Ground] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The main sentence of Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 16383, Apr. 23, 2019) provides that “the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4).” Article 70(5) of the same Act provides that “Where the project operator obtains authorization of the management and disposal plan, the term of the contract to establish superficies, lease on a deposit basis, or lease contract shall not be governed by Articles 280, 281, and 312(2) of the Civil Act, Article 4(1) of the Act on the Protection of Housing Lease, and Article 9(1) of the Commercial Building Lease Protection Act.”
Therefore, if the administrative disposition is notified, it is suspended to use and benefit from the previous owner of the object, so the project implementer separately expropriates the object.