1. Of the underground rooms of the building stated in the attached list to the Plaintiff, the Defendant each indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Basic Facts

The Plaintiff is an association established to implement a housing redevelopment and improvement project (hereinafter referred to as “maintenance project in this case”) under the Act on the Maintenance of Urban and Residential Environments (hereinafter referred to as “Urban Environment Act”) with the area of 41,865 square meters in Nam-si, Namyang-si as a business implementation area.

With respect to the instant improvement project, the Plaintiff obtained authorization of the management and disposition plan on December 3, 2019, and publicly notified around that time.

The Defendant is a person who possesses part (b) of 81 square meters inboard (hereinafter “the occupied part of this case”) that connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the underground rooms of the building located within the instant rearrangement project zone in the attached Form No. 1, 2, 4, 5, 6, 7, 8

On November 2, 2020, there was a ruling on expropriation of the Gyeonggi-do Local Land Expropriation Committee with the purport that the Defendant shall pay KRW 2 million as compensation, and the Plaintiff deposited the above compensation on December 7, 2020.

[Grounds for recognition] Article 81(1) main text of Article 81(1) of the former Act provides that a right holder, such as the owner or superficies of the previous land or building, a person holding a superficies, a person holding a lease right, and a lessee, may not use the previous land or building or benefit from the previous land or building when a public announcement is made by the management and disposition plan. However, the proviso of Article 81(1) and subparagraph 2 of the same Article provide that “where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed” shall not apply.

According to the above regulations and facts of recognition, the plaintiff's improvement project is publicly notified of the management and disposition plan and the defendant's compensation for losses has been completed.

Therefore, the defendant is obligated to deliver the part of possession of this case to the plaintiff.

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.