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1. The Plaintiff:
A. Defendant B: The real estate listed in the Schedule No. 1;
B. Defendant C Union shall be listed in the attached list No. 2.
Reasons
1. In the absence of a dispute between the parties to the determination of the cause of the claim, or in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the facts as stated in the cause of the claim
Therefore, Defendant B is obligated to deliver to the Plaintiff the real estate listed in the separate sheet No. 1, the real estate listed in the separate sheet No. 2, and the real estate listed in the separate sheet No. 3, respectively.
2. As to the assertion of the Defendant C Union, the Defendant C Union asserts that it does not have a duty to deliver the real estate listed in the separate sheet No. 2 until the Plaintiff receives compensation for loss.
However, there is no dispute between the parties, or in full view of the purport of the entire arguments in the statement in Gap evidence Nos. 7 through 11, it may be acknowledged that the plaintiff deposited the compensation for losses on June 26, 2019 by the local Land Tribunal of Incheon Metropolitan City, which was rendered on May 2, 2019. In the event the land tribunal deposited the compensation for losses as prescribed by the adjudication of expropriation, it is reasonable to deem that the compensation for losses under Article 81(1)2 of the Urban Improvement Act has been completed (see Supreme Court Decision 2012Da40097, Aug. 22, 2013). Therefore, this part of the argument by the defendant C Union is without merit.
3. According to the conclusion, the plaintiff's claim is reasonable, and all of them are accepted, and it is so decided as per Disposition.
However, on December 12, 2018, the Plaintiff filed the instant lawsuit, and determined that the litigation costs should be borne individually, considering the delay in the instant lawsuit in order to take the adjudication procedure in accordance with the Defendant C Union’s claim for compensation for losses.