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1. The Plaintiff:
A. Defendant B: The real estate listed in the Schedule No. 1;
B. Defendant C shall be listed in the attached Table 2.
Reasons
1. Facts of recognition;
A. The Plaintiff is a Housing Redevelopment Project Association established for the purpose of implementing a housing redevelopment project with the area of 76,157.3 square meters in Bupyeong-gu, Incheon, Bupyeong-gu.
B. On November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposition plan on the above improvement project, and publicly announced it on the same day.
C. The Defendants are the tenants of the real estate listed in the Attachment Nos. 1 and 2 within the above project zone, who possess and use the above real estate until now, and Nonparty F, the owner of the above real estate, is the cash liquidation agent who did not apply for parcelling-out within the period of application for parcelling-out.
On the other hand, the Plaintiff deposited KRW 96,109,40 for F on December 19, 2018.
【Defendant B’s ground for recognition: Defendant C: The fact that there is no dispute, each entry of evidence Nos. 1 through 9, and the purport of the whole pleadings under Article 208(3)2(i) of the Civil Procedure Act
2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, and lessee, etc. shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 86, if a public announcement of the approval plan for the management and disposal plan is made under Article 78(4).” The fact that the head of Bupyeong-gu Incheon Metropolitan City publicly announced the approval for the management and disposal plan on November 22, 2016 is as seen earlier.
Therefore, according to the above facts of recognition, the defendants are obligated to deliver each of the pertinent real estate to the plaintiff who acquired the right to use and benefit from the real estate as the project implementer, unless there are special
3. Determination as to Defendant C’s assertion
A. As the lessee of the real estate listed in the attached Table 2, Defendant C is unable to achieve the purpose of the right of lease due to the implementation of the above improvement project, and thus, the Plaintiff constitutes Defendant C.