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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. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district. Upon obtaining authorization for project implementation on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government, the Plaintiff was subject to the authorization for project implementation on December 21, 2009, and was subject to the authorization for the management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “
B. The Defendant is the owner of the real estate indicated in the separate sheet located within the rearrangement project implementation zone (hereinafter “instant real estate”), who is subject to cash settlement.
C. On September 30, 2016, the Plaintiff filed an application for adjudication of expropriation with the Defendant regarding the compensation for the instant real estate with the competent local Land Tribunal. On November 18, 2016, the said Committee rendered an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) with respect to the real estate in the enforcement zone including the instant real estate, and the Plaintiff deposited the full amount of compensation for losses under the instant adjudication of expropriation with the Seoul Southern Southern District Court Decision No. 6181, Nov. 11, 2016, with the Defendant as the depositee, as the Seoul Southern District Court No. 2016, supra. 6181.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, Gap evidence 5 through 8, the purport of whole pleadings
2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the Plaintiff claims against the Defendants the name of the building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the approval of the management and disposal plan is publicly announced in relation to the urban rearrangement project, the owner of the previous land or building and the right holder, such as the lessee, cannot use or profit from the land or building, and the project implementer can use or profit from the land or building. According to the above facts of recognition, the Defendant has the duty
2. Judgment on the defendant's assertion