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1. The defendant points out of the 1st floor of the building stated in the attached list to the plaintiff, as indicated in the attached list, (1), (2), (3), and (4).
Reasons
1. The Plaintiff, on April 12, 2012, is the Housing Redevelopment and Improvement Project Association which obtained the authorization of establishment on April 12, 2012 from the Goyang-gu, Yangyang-gu as the project implementation district and announced the implementation of the Housing Redevelopment and Improvement Project around September 8, 2015.
Attached Form
A building indicated in the list is located within the above project implementation district, and the defendant occupies and uses the attached drawings (1), (2), (3), (4), and (1) of the first floor of the building by leasing and using the area of 21 square meters in the ship (hereinafter “instant building”). On March 2, 2018, the height market approved the management and disposal plan of the plaintiff on March 6, 2018 and publicly notified on March 6, 2018.
The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal, which did not hold a consultation on the compensation for loss of business rights with the Defendant, and the Gyeonggi-do Local Land Tribunal decided on May 27, 2019 the compensation for the Defendant, and decided on the commencement date of expropriation on July 11, 2019.
Accordingly, on July 10, 2019, the Plaintiff deposited KRW 32,800,000 for the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence (including branch numbers in case of additional number) and purport of the whole pleadings
2. Determination:
A. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") provides that "any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from such land or building until the date of public announcement of transfer under Article 78 (3), if the approval of the management and disposal plan is publicly notified under Article 86: Provided, That this shall not apply to cases where the project operator's consent or the compensation for losses under the Act on the Acquisition of Land