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1. The Plaintiff:
(a) Defendant B is the second floor of the real estate listed in paragraph 1 of the attached list;
B. The defendant C is in accordance with the attached list No. 2.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction project of Dong-gu D (hereinafter “instant reconstruction project”).
B. Article 10(1) of the Plaintiff’s articles of association provides for “Duty to remove and move through a project implementation plan” as a member’s duty. Article 35(1) of the same Act provides that “A member who is to remove a house due to a project implementation shall move at his/her own expense during the project implementation,” and Article 35(4) of the same Act provides that “A member shall move from the relevant building within the relocation period determined and notified by the association, and if a tenant or temporary resident exists, he/she shall also leave the building
C. As to the instant reconstruction project, the Plaintiff received project implementation authorization from the astronomical City Mayor on October 5, 2007, and obtained authorization for the implementation of the project on March 15, 2017, and obtained approval for the implementation of the project on December 1, 2017.
On December 11, 2017, the Yananan City announced the management and disposal plan E in order to publicly announce it. D.
The Plaintiff set the period of application for parcelling-out from March 30, 2017 to April 28, 2017, and sent a notice of application for parcelling-out to the Defendants on March 27, 2017, and announced the application for parcelling-out on March 28, 2017. The Defendants received the notice of application for parcelling-out around that time, and filed the application for parcelling-out within the said period.
E. Defendant B owned 1/5 of the real estate in the rearrangement zone of the instant reconstruction project, and occupied 2 of the above real estate while owning 1/5 of the real estate in the attached Table No. 1, and Defendant C owned the real estate in the attached Table No. 2.
【Facts without any dispute, Gap 1-7 evidence, and the purport of the whole pleadings】
2. The assertion and judgment
(a) the main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claims;