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1. The Plaintiff:
A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;
B. Defendant E shall set out in Appendix No. 3.
Reasons
1. Basic facts
A. The Plaintiff is the Housing Redevelopment Development Project Association established to remove buildings within the said project implementation district and build new buildings on the said land by making the Seoul Yangcheon-gu Seoul Metropolitan Government H TW large 87,025 square meters as the project implementation district.
B. Defendant B, E, F, and G (hereinafter “Defendant B, etc.”) are the owners of each building indicated in the purport of the claim located within the implementation zone of the above improvement project (hereinafter “each building of this case”), and did not apply for the application during the period of application for parcelling-out according to the Plaintiff’s announcement of the application for parcelling-out, and currently possess each building of this case.
C. On July 8, 2016, a management and disposal plan for the said rearrangement project was approved pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was publicly notified pursuant to Article 49(3) of the same Act on July 14, 2016.
On August 26, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered two rulings of expropriation on each of the instant buildings, and the Plaintiff deposited the full amount of the adjudication money under the said rulings of expropriation from October 6, 2016 to October 10, 2016.
E. On July 3, 2017, the Plaintiff additionally deposited KRW 971,540, total of KRW 21,730,174, and total of KRW 20,363,762, including the settlement money, the cost of moving a house to Defendant E, the cost of moving a house, the cost of moving a house, and the cost of moving a house to Defendant G.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 8, Gap evidence 10-1, 3, 4, 5, Gap evidence 14-1, 2, and 3, and the purport of the whole pleadings
2. The assertion and determination as to Defendant B, etc.
A. According to Article 49(6) of the Act on the Determination of the Grounds for Claim, where a management and disposal plan is authorized and the notice is made, a right holder, such as the owner of the previous land or building, etc., shall not use or benefit from the previous land or building until the date of the public notice of relocation under Article 54 of the Act.