beta
Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Fact-finding;
A. The Plaintiff is a housing redevelopment and rearrangement project association established on April 1, 2009 for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using approximately 122,432,5 square meters in the vicinity of Gyeyang-gu Incheon Metropolitan City as a project implementation district.
B. The head of Gyeyang-gu Incheon Metropolitan City approved the management and disposition plan on October 19, 2018, and publicly announced it on the same day.
C. The Defendant owned real estate in the annexed list of real estate located within the instant rearrangement project zone (hereinafter “instant real estate”), and did not apply for parcelling-out within the period of application for parcelling-out designated by the Plaintiff.
The Plaintiff filed an application with the Incheon Metropolitan City Regional Land Expropriation Committee for adjudication on expropriation of the instant real estate site and its obstacles, including the instant real estate. On November 28, 2018, the said Committee rendered a ruling on expropriation of the instant real estate, etc. (the date of commencement of expropriation is January 22, 2019).
E. On January 22, 2019, the Plaintiff deposited KRW 719,295,820 (land 582,762,700, additional charges of delay in land of KRW 102,741,860, additional charges of delay in land of KRW 102,741,860, the Plaintiff deposited KRW 5,064,550, total amount of compensation for delay in real estate of this case, which was determined by the expropriation ruling rendered on November 28, 2018.
E. The defendant possessed the real estate of this case until the date of closing the argument of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings
2. The assertion and judgment
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4)."