Text
1. The Defendants shall deliver each of the Defendants’ relevant real estate in the attached list to the Plaintiff.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which has obtained approval from the head of Gangnam-gu Seoul on October 14, 2003 for the establishment of the association on October 14, 2003 in order to remove the previous multi-unit housing, etc. on the ground in the project area, which is located on the ground, and reconstructs the apartment housing and auxiliary welfare facilities (hereinafter “instant project”).
B. The Defendants leased, possess, and use each real estate listed in the separate sheet in the Plaintiff’s business area (hereinafter “each real estate of this case”).
C. The Plaintiff received authorization for the implementation of the instant project from the head of Gangnam-gu, ① the Plaintiff’s project implementer on April 28, 2016, ② the authorization for the management and disposal plan was received on April 6, 2018, and ③ the head of Gangnam-gu publicly announced the authorization for the management and disposal plan on April 13, 2018.
[Ground of recognition] Gap evidence 1 to 5, Gap evidence 6 and 7, each of 6 and 8, and the purport of the whole pleadings
2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Defendants (amended by Act No. 14857, Aug. 9, 2017) provides that “the owners, persons with superficies, persons having right to lease, lease, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78 (4).” When the public announcement of the approval of the management and disposal plan regarding the housing reconstruction project is made, use or profit from the previous land or buildings shall be suspended, and the project implementer may use or profit from the previous land or buildings (see, e.g., Supreme Court Decision 2007Da83649, Jul. 9, 2009).