Text
1. The Plaintiff, Defendant B, and C, the real estate listed in the separate sheet No. 1, and Defendant D are listed in the separate sheet No. 2.
Reasons
1. Basic facts
A. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for the establishment of a project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 17,850 square meters from the head of Seongbuk-gu Seoul Metropolitan Government as a project implementation district.
B. Defendant B is the owner or user of the real estate listed in the attached Table No. 1 in the said project implementation district (hereinafter “instant real estate”). Defendant D is the owner or user of the real estate listed in the attached Table No. 2 in the said project implementation district, and Defendant C leased and used the instant real estate.
C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on March 20, 2014, and publicly announced the authorization to implement the project on October 13, 2015, and approved the management and disposal plan on March 31, 2016 (hereinafter “the instant management and disposal plan”), and publicly announced it on the same day.
On July 27, 2018, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, and on September 14, 2018, the said Committee rendered an adjudication of expropriation of each of the instant real estate, etc. (hereinafter “instant adjudication of expropriation”).
On September 5, 2018, the Plaintiff deposited the full amount of land compensation, obstacles compensation, and additional charges for delay under the instant expropriation ruling with Defendant B and D as the depositee.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including a tentative number), the purport of the whole pleadings
2. Determination
A. When the public notice of the approval of the management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017) is given to determine the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. for the previous land or building, is suspended pursuant to Article 49(