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1. The defendant shall deliver to the plaintiff the real estate stated in attached Table B B.
2. The costs of lawsuit shall be borne by each person;
3...
Reasons
1. The fact that the Plaintiff is recognized is the Housing Redevelopment Project Association which completed the establishment registration on December 17, 2012 with the approval of establishment from the head of the Gu in Daejeon Metropolitan City on December 6, 2012 in order to implement a housing redevelopment improvement project (hereinafter “instant project”) with the housing redevelopment project area of 57,006 square meters located in 1404-ro 29,006,000,000, as Dong-gu, Daejeon-gu, Daejeon-gu.
The Defendant currently occupies the instant real estate as a person who owned the real estate specified in attached Table B(hereinafter “instant real estate”) in the instant business zone.
The plaintiff was authorized to implement the project on October 19, 2015 by the head of the Gu in Daejeon Metropolitan City, and the approval of the management and disposal plan on October 14, 2016, and the approval of the management and disposal plan was publicly notified on October 18, 2016.
The Plaintiff filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee on December 27, 2017, where the agreement on compensation for losses was not reached with the Defendant. On December 27, 2017, the said Committee rendered adjudication of expropriation of real estate and obstacles including the instant real estate (the date of commencement of expropriation shall be February 15, 2018; hereinafter “the first adjudication”). On February 13, 2018, the Plaintiff deposited KRW 2,356,245,420 with the Defendant as the principal deposit. In addition, the Plaintiff claimed that the Plaintiff had any obstacles and transfer expenses omitted in the first adjudication, and the said Committee filed an application for additional adjudication on the Defendant’s transfer expenses (the date of commencement of expropriation shall be May 21, 2018; hereinafter “2nd adjudication”) and the Plaintiff deposited KRW 306,50,520 as the principal deposit on April 26, 2018.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 11 (including each number), the purport of the whole pleadings]
2. Determination
A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), a management and disposal plan under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is authorized and publicly announced, and compensation for losses arising from the expropriation of land, etc.