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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. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project on the area of 86,360.80 square meters in the Seoul Northern-gu Seoul Northern-gu Seoul metropolitan area.
The defendant is the owner of the building listed in the attached list in the above improvement project zone (hereinafter referred to as "the building of this case").
On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the plaintiff, and announced it as D public notification on January 30, 2019.
On the other hand, the Plaintiff was adjudicated to expropriate the building as of December 14, 2019 by the Gwangju Metropolitan City Regional Land Expropriation Committee on December 14, 2019. On December 11, 2019, the Plaintiff deposited KRW 2,694,000 as compensation for the obstacles to the building, etc. of this case by having the Defendant as a depositee in the Gwangju District Court No. 10273 on December 11, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 81(1), Article 78(4), and Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the owner, lessee, etc. of the previous land or structure shall not use or benefit from the previous land or structure when the approval of the management and disposal plan under the above Act is publicly notified.
Therefore, as long as the head of Gwangju Metropolitan City North Korea publicly announced the management and disposal plan for the Plaintiff’s housing redevelopment improvement project on January 30, 2019, the Defendant, the owner of the instant building located within the project zone, is no longer able to use and benefit from the said building. Therefore, the Plaintiff, the implementer of the housing redevelopment project, is obligated to deliver the instant building to the Plaintiff, who is the
B. The defendant's assertion is a person who has filed an application for parcelling-out with the plaintiff, and the plaintiff is entitled to cash liquidation without recognizing the defendant as a member, so the plaintiff is entitled to deliver the building of this case, so the plaintiff's application is filed.