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1. The Defendants deliver to the Plaintiff each of the relevant real estate listed in the separate sheet.
2. The costs of lawsuit shall be individually counted.
Reasons
1. Determination as to claims against the remaining Defendants except Defendant J
(a) Indication of claims: To be as shown in the reasons for the claims;
On the other hand, the notice of approval of the management and disposal plan was made on December 27, 2017.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant J
A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (referring to the public notice on approval of a management and disposal plan) provides that "if there has been a public notice under paragraph (3), any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure not later than the date of the public notice on relocation under Article 54: Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project operator or whose compensation has not been completed under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed." Thus, when the management and disposal plan is authorized and the compensation for losses has been completed due to
The fact that the plaintiff has been granted authorization for project implementation and the approval for the management and disposal plan and the details thereof have been publicly notified, and the fact that the defendant J occupies the real estate stated in attached Form 9 does not conflict
Therefore, Defendant J has a duty to deliver the said real estate to the Plaintiff, barring special circumstances.
B. As to this, Defendant J asserts that the Plaintiff cannot respond to the Plaintiff’s claim before receiving directors’ expenses and business compensation (laping installation expenses).
Article 78 (5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 41 of the Enforcement Decree of the same Act, and Articles 54 and 55 of the Enforcement Rule of the same Act.