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1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 1 list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area of 80,836.0 square meters in Seoul Special Metropolitan City, Gwanak-gu.
B. The Plaintiff received authorization from the head of Gwanak-gu in Seoul Special Metropolitan City to establish an association on February 1, 2008, authorization to implement a project on November 12, 2009, and authorization for a management and disposition plan on February 17, 2015 (hereinafter “instant management and disposition plan”), respectively, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the instant management and disposition plan on February 17, 2015.
C. The Defendant is the owner of the building indicated in the attached Table 1 list located within the instant rearrangement project zone (hereinafter “instant building”), who has not filed an application for parcelling-out. D.
The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, which did not reach an agreement with the Defendant on the compensation of the instant building. On January 29, 2016, the said Committee rendered an adjudication of expropriation (hereinafter referred to as “instant adjudication of expropriation”) with the expropriation of KRW 458,583,580 ( KRW 34,34,00 of the site, and KRW 109,249,580 of the obstacles, such as buildings, etc.) and the starting date of expropriation as of March 18, 2016.
E. On March 9, 2016, the Plaintiff deposited the full amount of the compensation for losses with the Defendant as the principal deposit, as Seoul Central District Court No. 2016, No. 4935.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 9, purport of the whole pleadings]
2. Determination:
A. The main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim is that when the public notice is given under paragraph (3), the right holder such as the owner, superficies, leaseer, etc. of the previous land or building may not use or benefit from the previous land or building until the public notice of relocation is given under Article 54."