1. The Plaintiff, the Defendant B, and the Defendant C, respectively, are the buildings listed in the attached Table 1 List 1, and the buildings listed in the attached Table 2.
1. Determination on the cause of the claim
A. 1) The Plaintiff was authorized to establish a housing redevelopment project association whose project area covers 38,874m2 in Busan Northern-gu as a project implementation district on February 13, 2008. 2) The real estate listed in the attached Tables 1 and 2 is located in the project implementation district, and the Defendants occupy and use the above real estate.
3) On September 12, 2016, the head of the North Korean territory authorized the management and disposition plan against the Plaintiff and announced it on September 21, 2016. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 2-4, and the purport of the entire pleadings]
B. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and the notice thereof is made, the owner of the previous land or structure cannot use or benefit from the previous land or structure until the date of the public notice of relocation under Article 54 of the same Act. As recognized earlier, the public notice of approval of the management and disposal plan was given, the Defendants cannot use or benefit from each real estate listed in the attached list, and are obligated
2. Determination as to Defendant B’s assertion
A. Defendant B asserted to the effect that, as the mother of the real estate indicated in the attached Table 1 list has been living together with E from around 2004 to around 2014, Defendant B could not express the real estate listed in the attached Table 1 list until he/she is paid the cost of housing relocation, even though he/she was not entitled to receive the cost of housing relocation.
B. Under Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and Articles 54(1) and 55(2) of the Enforcement Rule of the same Act, the cost of moving a house, and the cost of moving a house, which is recognized pursuant to Article 78(5) of the same Act, shall have special difficulties due to the policy purpose and moving of a house, which seeks to facilitate the project by encouraging early moving