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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. The Plaintiff is a rearrangement association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) that covers the area of 43,915 square meters in Busan Seo-gu C, Busan, as an improvement zone, and the buildings listed in the attached list are located in the improvement zone.
B. On May 19, 2016, the Plaintiff obtained authorization from the head of the Busan Metropolitan City Office of the management and disposition plan of the instant rearrangement project (hereinafter “instant management and disposition plan”) from the head of the Gu, and on May 25, 2016, the said management and disposition plan was publicly notified (hereinafter “instant public notice”).
C. The Defendant is the owner of the building indicated in the attached list (hereinafter referred to as the “instant building”) and becomes a person eligible for cash settlement because he/she failed to apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.
On November 20, 2017, Busan Metropolitan City Regional Land Expropriation Committee made an adjudication on the expropriation of the instant building owned by the Defendant (hereinafter “instant expropriation adjudication”) under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).
Accordingly, on December 29, 2017, the Plaintiff deposited the full amount of the compensation determined by the above ruling (No. 2291 of 2017) with the Defendant as the principal deposit.
E. The Defendant asserted against the Plaintiff that the instant management and disposition plan was unlawful, and filed a lawsuit seeking revocation of the management and disposition plan against the Busan District Court 2016Guhap2327, but was sentenced to a judgment against the Defendant on May 12, 2017 by the said court. The Defendant appealed to the Busan High Court 2017Nu21951, but was sentenced to the dismissal of the appeal on December 8, 2017. The Defendant thereafter appealed to the Supreme Court 2018Du34176, May 15, 2018, but the said judgment of the first instance court became final and conclusive.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 6, Gap.