beta
Text
1. The Plaintiff:
A. Defendant B’s each point is indicated in Attached Form 3, 4, 5, 6, and 3 among the real estate listed in Attached Table 1 List 1.
Reasons
1. Determination as to the cause of claim
A. Fact-finding 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on September 4, 2008 (hereinafter “Urban Improvement Act”).
(2) The Plaintiff is a housing reconstruction project association that has obtained authorization from the head of Jung-gu Seoul Metropolitan Government to establish a housing reconstruction project. The Plaintiff obtained authorization from the head of Jung-gu Seoul Metropolitan Government on June 21, 2013 from the head of Jung-gu with the implementation area covering 68,255.8 square meters, and on January 22, 2015, the management and disposal plan was approved and announced on the same day. 2) Within the said project implementation district; Defendant B connected 3,4,5,6, and 3 of the attached Table 2 drawings among the real estate listed in the attached Table 1 list 1; Defendant C connected 36.46 square meters in line with each of the real estate listed in the attached Table 1 list 3; Defendant C, 115.22 square meters in line with the attached Table 1 list 1, 39.5 square meters in line with each of the attached Table 2, 39.5 square meters in line with the attached Table 1 list 1, 25.35 square meters in line.
[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 6 (including virtual numbers) and the purport of the whole pleadings
B. According to Article 49(6) of the Act on the Determination of Urban Improvement, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.
According to the above facts of recognition, unless there are special circumstances, the project implementer is the Plaintiff, and the Defendant B indicated the attached Form 2 among the real estate listed in the attached Table 1 List 1 3, 4.