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1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established on October 22, 2010 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) for the purpose of implementing a redevelopment project with a rearrangement zone of 41,90 square meters of ELS-ro 45,00 square meters in Ansan-si (hereinafter “instant project”).
B. The Defendant is the owner of the attached building in the above improvement zone (hereinafter “instant building”). At present, the Defendant currently occupies the instant building and engages in food manufacturing business and sales business.
C. On March 30, 2017, the Ansan City approved and publicly notified the Plaintiff’s management and disposal plan.
As the Plaintiff did not reach an agreement with the Defendant on the compensation for loss, the Plaintiff applied for the adjudication of expropriation to the Gyeonggi-do Local Land Tribunal. On February 28, 2018, the said Committee rendered the adjudication of expropriation on the compensation for expropriation of real estate, including the instant building, as KRW 3,870,470,50, business compensation amounting to KRW 400,635,00, and the date of commencement of expropriation on April 14, 2018, respectively.
The plaintiff on April 3, 2018 and the same month.
6. The defendant as the principal and deposited the full amount of each of the above compensation.
(No. 681, 750) / [Grounds for recognition] / [of the absence of any dispute, entry in Gap evidence 1 through 5 (including each number), the purport of the whole pleadings.
2. Determination as to the cause of action
A. According to Article 49(3) and (6) of the former Act, when a management and disposal plan under the said Act is authorized and publicly announced, and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended, and a project implementer may use
B. Examining the facts recognized earlier in light of the above provisions, the Defendant whose use and profit has been suspended pursuant to the public notice of the management and disposal plan regarding the instant project.