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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of lawsuit shall be borne by each person;
3...
Reasons
1. Facts of recognition;
A. On June 19, 2017, the Plaintiff was authorized to establish an association for the purpose of housing redevelopment improvement project for housing redevelopment project for the Nam-gu Incheon Metropolitan Government 129,59.9 square meters (hereinafter “instant project zone”). On June 19, 2017, the Plaintiff obtained the approval plan for the management and disposal plan for housing redevelopment project from the Mayor of Incheon Metropolitan City and publicly notified the same date.
B. The owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”) is a person subject to cash liquidation who has not filed an application for parcelling-out during the period of application for parcelling-out.
C. The Defendant, who is a type D, occupies and uses the instant real estate.
On November 28, 2018, the Plaintiff filed an application for adjudication of expropriation with the Regional Land Tribunal of Incheon Metropolitan City. On November 28, 2018, the Land Tribunal determined the compensation for the instant real estate as KRW 198,011,550, and the date of commencement of expropriation as January 22, 2019 (hereinafter “instant adjudication of expropriation”).
E. On January 22, 2019, the Plaintiff deposited the full amount of compensation for losses as stipulated in the ruling by the Incheon District Court No. 834, No. 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 10, Gap evidence 12-2, the purport of the whole pleadings
2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of a previous parcel of land or structure, shall not use or profit from the previous parcel of land or structure until the date of public announcement of transfer under Article 86 of the same Act, and a project
As seen earlier, as long as a management and disposal plan is authorized and publicly announced, the Defendant, the possessor of the instant real estate that lost the right to use and benefit from the real estate, is obligated to deliver the instant real estate to
3. The defendant's assertion.