Text
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. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in the Gu, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on the same day.
B. The Defendant is the owner of the real estate listed in the separate sheet in the redevelopment area of this case (hereinafter “instant building”) and is a cash clearing agent.
C. On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the instant building, etc. (hereinafter “instant ruling of expropriation”), and the Plaintiff deposited full amount of compensation KRW 298,288,850 (=land compensation of KRW 253,90,800,80) with the Defendant as a depositee on July 25, 2017, upon the said ruling of expropriation (= KRW 42,38,050).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval and announcement of a management and disposal plan for a redevelopment project is made, the owner, superficies, leasee, etc. of the previous land or structure may not use or profit from the previous land or structure without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Article 36 or 45 of the Act on the Maintenance and Improvement of Urban Areas and the owner