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Of the first floor of the building indicated in the attached list, the defendant has each point of the attached Form 1, 2, 3, 4, and 1.
Reasons
Basic Facts
A. The Plaintiff is a cooperative established to implement a housing redevelopment project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the land area of 80,720 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. The Plaintiff was authorized to implement the project on October 28, 201, and the details of the approval for the management and disposal plan was publicly notified on April 10, 201.
B. On November 5, 2018, the Defendant entered into a lease agreement with D with respect to the real estate located within the instant rearrangement project zone (hereinafter “instant real estate”), setting the lease deposit as KRW 10,00,000, monthly rent as KRW 700,000, and the period from November 5, 2018 to November 4, 2020, and occupied the instant real estate.
2. Articles 81 (1) and 81 of the Act on the Determination of Grounds for Claims (1) (1) The owners, superficies, persons having rights to the previous land or buildings, leasee, leasee, etc. shall not use or benefit from the previous land or buildings by the date of public announcement of the approval of the management and disposal plan under Article 78 (4), when the public announcement of the relocation of such land or buildings is made.
Provided, That the same shall not apply to any of the following cases:
1. If the project implementer obtains consent;
2. According to the case where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is not completed, a right holder, such as the owner, superficies, lessee, etc. of the previous land or building, may not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan, and the project implementer may use or benefit from the former land or building until the date of public announcement of transfer under Article 86 (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Accordingly, when the project implementer publicly notified the approval of the management and disposal plan,