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1. The plaintiff
A. Defendant B: the real estate listed in Appendix 1. List;
B. Defendant C shall provide the real estate listed in the Attachment 2. List.
Reasons
1. The following facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 3-1, 3-2, 4, 5-1, 5-5, 6-1, 7-1, 8-1, 8-2, and 2.
On January 8, 2010, the Plaintiff is a housing redevelopment and consolidation project association that obtained approval for the establishment of an association from the head of Yeongdeungpo-gu Office under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). Defendant B was the owner of the real estate listed in attached Form 1, and Defendant C was the owner of
B. On August 20, 2012, the Plaintiff obtained authorization from the head of Yeongdeungpo-gu Office to implement a project implementation district for the project of 73,607.8 square meters, including real estate listed in the attached Tables 1 and 2, from the head of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu. The Plaintiff established a management and disposition plan by receiving an application for parcelling-out from the members from the members from October 26, 2012 to December 11, 2012, and announced it upon receipt of a management and disposition plan on October 29, 2015, and the Defendants became subject to cash liquidation as they did not file an application
C. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on December 23, 2016 because it did not consult with the Defendants on the settlement money, and the said Committee rendered a ruling on February 10, 2017 on the commencement date of expropriation. The Plaintiff deposited KRW 1,732,871,350 for the Defendant B on February 10, 2017, and KRW 738,291,850 for the compensation for expropriation to Defendant C, respectively.
2. Determination:
(a) The main sentence of Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Real Estate shall provide that when the authorization of a management and disposal plan is publicly notified, holders of rights, such as the owners of the previous land or buildings, persons with superficies, persons having chonsegwon, and lessees, shall not use or benefit from the previous land or buildings until the public announcement of transfer is made in accordance with Article 54.