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The Plaintiff
(a) Defendant B shall have the real property listed in the separate sheet Nos. 1, 2 and 3;
B. Defendant C shall be attached hereto.
Reasons
1. Basic facts
A. During Ansan-si, the Plaintiff is an association that implements a housing redevelopment improvement project in the Gu Seoul Special Metropolitan City D (107,767 square meters). The Defendants owned or occupied each real estate located in the order of the above improvement zone (hereinafter “instant real estate”).
B. On May 29, 2018, the Plaintiff obtained the approval of a project implementation plan for the redevelopment project of a district A (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from Ansan-si, and obtained the approval of the management and disposal plan regarding the instant redevelopment project from Ansan-si on July 29, 2019.
[Ground of recognition] Facts without dispute, Gap 1 to 6-2 evidence, purport of the whole pleadings
2. When a public notice of a management and disposal plan under Article 78(4) of the Act on the Determination of Grounds for Claim is given, the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 81(1) of the same Act, and the project implementer is entitled to use and profit-making (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Defendants whose use and profit-making are suspended as the owner and user according to the public notice of the management and disposal plan
3. Determination as to the defendants' defense
A. The Plaintiff’s relocation settlement funds, residential relocation expenses, director expenses, etc. (hereinafter “settlement funds, etc.”) against Defendant B, who is the person subject to cash settlement in the summary of the claim in Defendant B (1)
) The obligation to pay is required to complete prior to the suspension of Defendant B’s use and profit-making. Thus, insofar as the Plaintiff did not pay the resettlement funds, etc. to Defendant B, the Plaintiff cannot comply with the Plaintiff’s request for extradition. 2) The determination of the relocation expenses, etc. are the tenants, etc. residing in the relevant project implementation zone