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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The Plaintiff is a housing redevelopment project association established to implement an urban environment improvement project (hereinafter “instant project”) in the area of 86,360.80 square meters in the north-gu Seoul Metropolitan City Seoul Special Metropolitan City, and was authorized to establish an association on September 11, 2015 by the head of the north-gu Seoul Metropolitan City (hereinafter “instant project”).
The defendant is the owner of the building indicated in the attached list within the above improvement project zone (hereinafter referred to as the "building of this case"), who has not filed an application for parcelling-out within the period of parcelling-out.
On June 22, 2017, the head of Gwangju Metropolitan City North Korea North Korea approved a project implementation plan formulated by the Plaintiff for the instant project, announced it June 27, 2017, approved a management and disposition plan on January 22, 2019, and announced it on January 30, 2019.
On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 11, 2019, the Plaintiff deposited KRW 733,463,050 of the compensation for the adjudication of expropriation of the instant building as the Defendant for the deposited person under the gold No. 10264 at the Gwangju District Court Decision 2019, Dec. 11, 2019.
[The amount which includes 46,69,200 won of compensation for two-storys housing (defluences) in Gwangjin-gu D] / [The ground for recognition] / The fact that there is no dispute, the entry of Gap evidence Nos. 1 through 6, and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a public announcement of a management and disposal plan is made pursuant to Article 78(4), the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of the public announcement of transfer under Article 86: Provided, That this shall not apply to any of the following cases: