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1. The defendant shall deliver the real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing redevelopment improvement project for the residential area of 5,523 square meters in Dongdaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on July 4, 2008, authorization for the establishment of the association on February 27, 2009, authorization for the implementation of the project on May 1, 2014, respectively, and obtained authorization for the implementation of the project on February 3, 2014, and was publicly notified of the management and disposal plan on February 6, 2014.
B. The real estate in the attached list located in the above improvement zone is owned by the defendant as the defendant's ownership.
C. On April 24, 2015, the Seoul Special Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation on June 12, 2015; and (b) rendered a ruling of expropriation on the commencement date of expropriation; and (c) accordingly, on June 2, 2015, the Plaintiff deposited compensation for losses to the Defendant under the said ruling of expropriation.
[Grounds for recognition] Unsatisfy, Gap 1-7 evidence, the purport of the whole pleadings
2. Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor provides that “When a management and disposition plan is authorized and such public notice has been given, the owner, lessee, etc. of the previous land or building shall not use or benefit from the previous land or building until the public announcement of relocation has been made pursuant to Article 54: Provided, That this shall not apply to a right holder whose land or building has not been completed with the consent of a project operator or whose compensation has been made pursuant to Article 40
According to the above facts, since the plaintiff completed the compensation for losses as stipulated in the proviso of Article 49(6) of the Urban Improvement Act after the management and disposal plan under the Urban Improvement Act was authorized and publicly announced, the defendant is obligated to deliver the real estate stated in the attached Table to the plaintiff who acquired the right to use
3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.