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1. The Defendant shall deliver to the Plaintiff the 2nd floor of 64.40 square meters among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Determination as to the cause of claim
A. 1) During Ansan-si, the Plaintiff is an improvement zone (hereinafter “instant improvement zone”) with a size of 41,900m2,00 square meters in Seoul-gu, Ansan-si.
In order to implement a redevelopment project under the 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 on the Maintenance and Improvement of Urban Areas”)
(2) The Plaintiff prepared a project implementation plan with the content of constructing 8,855 households in the instant rearrangement zone, including which the Plaintiff obtained approval of the project implementation plan from the Ansan market on June 21, 2016, and obtained authorization from the Gyeyang market on March 30, 2017, as well as the management and disposal plan from the Ansan market on March 30, 2017.
(3) The Defendant is jointly Defendant E, the owner of the real estate indicated in the separate sheet in the instant improvement zone, and the second floor 64.40 square meters of the above real estate (hereinafter “instant real estate”).
A) On September 16, 2013, 2013, her spouseD leased and owned each move-in report on the instant real estate on April 23, 2014, the Defendant filed an application for adjudication of expropriation with the Gyeonggi-do Local Land Expropriation Committee as the Plaintiff did not reach an agreement on the joint Defendant E and the compensation for losses. The said Committee set the starting date of expropriation (transfer) on April 4, 2018 and made adjudication of expropriation at KRW 497,207,50 on the real estate, etc. listed in the separate sheet as stated in the separate sheet as the expropriation.
5) Accordingly, on April 6, 2018, for joint Defendant E, the Plaintiff deposited KRW 497,207,550 as heading 729 in Suwon District Court’s Ansan Branch in 2018 for the joint Defendant E. [the fact that there is no dispute over the grounds for certification, Gap’s evidence 1 through 8, Eul’s evidence 4 through 8, and the purport of the entire pleadings, as a whole.
B. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas provides public notice of authorization for a management and disposition plan.