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1. The Plaintiff:
A. Defendant B: The real estate listed in Section 1 of the annexed list of real estate
(b) Defendant C, D, and E are the same list.
Reasons
1. Basic facts
A. During Ansan-si, the Plaintiff is a housing redevelopment project partnership that obtained an authorization for the establishment of a housing redevelopment project on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment project (hereinafter “instant redevelopment project”) consisting of a housing redevelopment project with a size of 116,66.10 square meters in the Gu G G G as an improvement zone (hereinafter “instant redevelopment project”).
B. On January 15, 2016, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the Ansan market, and on February 27, 2017, the management and disposal plan was publicly announced on the same day.
C. Defendant B occupies the real estate listed in paragraph (1) of the attached list of real estate in the above improvement zone (hereinafter “instant real estate 1”); Defendant C, D, and E occupy the real estate listed in paragraph (3) of the same list (hereinafter “instant real estate”) and Defendant F occupy the real estate listed in paragraph (4) of the same list (hereinafter “instant real estate 4”).
[Reasons for Recognition] Defendant B, F: The absence of dispute, each entry in Gap evidence Nos. 1, 3, 4, and 5 (including virtual numbers), the purport of the whole pleadings, as well as Defendant C, D, and E: Confession
2. Determination:
A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of the management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date the previous public announcement is made pursuant to Article 54.” Thus, when the approval of the management and disposition plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 20