건물인도
The defendant-Counterclaim plaintiff's counterclaim is dismissed.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.
1. Determination on the main claim
A. Fact-finding 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
Pursuant to the Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”) consisting of a project implementation district of 71,232 square meters in Daegu-gu, Dong-gu, Seoul.
(2) On September 2018, the Plaintiff obtained authorization for establishment from the head of the Daegu Metropolitan City Dong-gu, on September 23, 2015, and completed the registration of incorporation on August 21, 2017. (2) The Plaintiff obtained authorization from the head of the Dong-gu, Daegu Metropolitan City to implement the instant project implementation plan on September 12, 2018, and the said authorization was announced on September 20, 2018, and was announced on January 20, 2020, and was notified on September 23, 2019, and was notified on September 30, 2019.
3) The Defendant shall enter the real estate in the attached list located in the project implementation district of the instant project (hereinafter “instant real estate”).
(4) The Plaintiff filed an application for expropriation on February 20, 2020, with the Defendant for an agreement on compensation for losses, as the owner of the land in question. On May 27, 2020, the Daegu Metropolitan City Land Expropriation Committee made an adjudication on expropriation of the instant real estate (hereinafter “instant adjudication on expropriation”) on July 15, 2020 with the date of commencement of expropriation as of July 15, 2020.
5) On July 1, 2020, the Plaintiff deposited KRW 321,507,920, and KRW 1,616,601, respectively, for the deposited case No. 458 of 2020, the Plaintiff deposited KRW 321,507,920 as compensation for the instant real estate, which was determined by the instant ruling of expropriation, with the deposited case No. 3921 of 2020, Jul. 14, 2020, with the deposited case No. 458 of 2020. [Grounds for recognition] The Plaintiff did not dispute with the fact that there is no evidence No. 1-6 (including the serial number, and the purport of the entire pleadings as a whole.
B. The main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claim is the previous land or building.