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1. The Plaintiff:
A. Defendant B is based on Section 1, 2, 7, 8, and 1 of Annex A among the first floor of the building listed in the separate sheet.
Reasons
1. Basic facts
A. On September 2, 2013, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 37,408.95 square meters as the project implementation district from the head of Dongdaemun-gu Seoul Metropolitan Government.
나. 피고 B는 별지 목록 기재 건물의 1층 중 별지 도면 표시 ㄱ, ㄴ, ㅅ, ㅇ, ㄱ의 각 점을 차례로 연결한 선내 부분 33.4㎡ 및 2층 중 같은 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅈ의 각 점을 차례로 연결한 선내 부분 15.2㎡의, 피고 C은 같은 건물의 1층 중 같은 도면 표시 ㄷ, ㄹ, ㅁ, ㅂ, ㄷ의 각 점을 차례로 연결한 선내 부분 33.4㎡의 각 점유사용자이고, 위 건물은 위 사업시행구역 내에 있다.
C. The head of Dongdaemun-gu Seoul Metropolitan Government authorized the Plaintiff to implement the project on September 10, 2015, and approved the management and disposal plan on May 12, 2017 (hereinafter “the instant management and disposal plan”). The head of Dongdaemun-gu publicly announced the management and disposal plan on May 18, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a tentative number), the purport of the whole pleadings
2. When the public notice of the management and disposal plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making by the right holder, such as the owner, superficies, leaseer, etc., of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be entitled to use and profit-making (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use and profit-making in accordance with the public notice of
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.