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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of lawsuit shall be borne by each person;
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. On October 4, 2018, the Plaintiff was authorized to establish an association for the purpose of housing redevelopment improvement project for the Bupyeong-gu Incheon Metropolitan Government Bupyeong-gu Seoul Metropolitan Government 57,749 square meters (hereinafter “instant project zone”), and was subject to the approval of the management and disposal plan for housing redevelopment project by the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and was publicly notified by the management and disposal plan on the same day.
B. The Defendant is the owner of the real estate in the attached list in the instant project zone (hereinafter “instant building”) and 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. On May 2, 2019, the Plaintiff filed an application for adjudication of expropriation with the Regional Land Expropriation Committee of Incheon Metropolitan City, and on May 2, 2019, the Land Tribunal rendered adjudication of expropriation by setting the total amount of compensation for the instant building and its site KRW 298,769,550, and the date of commencement of expropriation as June 26, 2019.
On June 24, 2019, while the lawsuit of this case is pending, the Plaintiff deposited the full amount of compensation for losses as stipulated in the ruling of acceptance by the Incheon District Court No. 5881, No. 2019.
E. On June 25, 2019, the Plaintiff deposited KRW 12,000,000 (30% of the appraised value of the building among the real estate in this case exceeds KRW 12,00,000,000, which is the maximum settlement money for resettlement, as the Defendant was deposited as the principal on June 25, 2019, which was KRW 12,000 (12,00,000, since the appraised value of the building in this case exceeds KRW 12,000), relocation expenses, KRW 8,85,266 (4,85,266 (4,42,63 x 2 months of monthly average household expenditure expenses of three household members as of the base date in 2018).
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 9, Gap evidence No. 14, 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 (hereinafter “Urban Improvement Act”), when a management and disposal plan is approved and publicly notified, the former shall be the same.