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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. Facts of recognition;
A. The Plaintiff is an redevelopment and consolidation project association that has obtained authorization to implement a housing redevelopment and rearrangement project in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. The Defendant was the owner of the building indicated in the attached list, and was a person to become a cash liquidation since he did not apply for parcelling-out within the period of application for parcelling-out by the Plaintiff Association, and occupied the said building.
C. After obtaining authorization for project implementation, the Plaintiff obtained authorization for a management and disposal plan under Article 74 of the Urban Improvement Act (Act No. 14943, which was in force at the time) on December 4, 2017, and the said management and disposal plan was publicly announced as D public notification of the Young-gu Busan Metropolitan City, Young-gu, Busan, pursuant to Article 78(4) of the Urban Improvement Act.
On January 30, 2019, the Plaintiff deposited KRW 404,582,80,000 for the Defendant following the Busan Metropolitan City Regional Land Expropriation Committee's adjudication 18 expropriation042 as compensation for losses, thereby completing the compensation for losses under the proviso of Article 81 (1) 2 of the Urban Improvement Act, by depositing the amount of gold No. 451 of this Court in January 30, 201
[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, purport of whole pleadings
2. In accordance with the public notice of the management and disposal plan for the cause of the claim, the Defendant was unable to use and profit from the above building under Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, and thus, the Defendant is obligated to deliver it to the Plaintiff
3. Judgment on the defendant's assertion
A. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), which applies mutatis mutandis under the main sentence of Article 65(1) of the Defendant’s argument, the implementer of a housing redevelopment improvement project shall pay resettlement funds, relocation expenses, relocation expenses, and relocation expenses to the owners, residents, etc. of residential buildings incorporated into the implementation district of the housing redevelopment improvement project. The Defendant has not received them
The plaintiff's obligation to pay the resettlement money, etc. is the defendant's obligation to deliver the building.