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1. The Plaintiff:
A. Defendant B delivers each real estate listed in the separate sheet;
B. The defendant C is in accordance with the attached list No. 5.
Reasons
1. Facts of recognition;
A. The Plaintiff is an organization established to implement a housing redevelopment improvement project for the area (area 103,902.7 square meters) of one unit (area 103,902.7 square meters) including each real estate listed in the attached list (hereinafter “each of the instant real estate”), and obtained authorization of a management and disposal plan for housing redevelopment improvement project from the Busan Metropolitan Government Office on April 6, 2016, and the said authorization was publicly announced on April 13, 2016.
B. Defendant B is the owner of each of the instant real estate, who has not filed an application for parcelling-out within the period of application for parcelling-out, and Defendant C, the wife of Defendant B, occupies and uses the real estate in attached Table 5 (hereinafter “instant parking lot”), and operates the parking lot.
C. On November 15, 2016, the Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) around November 15, 2016, and on February 20, 2017, the said Expropriation Committee accepted each of the instant real estate, and the compensation for losses was KRW 458,320,70 in the case of Defendant B (= KRW 56,860,60 in the case of land 401,460,100), and KRW 31,391,00 in the case of Defendant C, and the commencement date of expropriation was April 14, 2017.
On March 14, 2017, the Plaintiff deposited the deposited amount of KRW 458,320,700 as Busan District Court No. 1622 in 2017, and the deposited amount of KRW 31,391,00 as Busan District Court No. 1617 in 2017 with the deposited amount of KRW 31,391,00, respectively.
E. On April 26, 2017, the Plaintiff completed the registration of ownership transfer based on expropriation on April 14, 2017 with respect to each real estate listed in the separate sheet Nos. 1 through 3.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 15 (including paper numbers), the purport of the whole pleadings
2. In this case where the plaintiff seeks a judgment on this safety defense against the defendants for the delivery and withdrawal of real estate, the defendants are land, etc. for public works as applied mutatis mutandis by Article 40 (1) of the Urban Improvement Act.