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1. The Plaintiff:
A. Defendant B: (a) the one-story of 107.46 square meters and the two-story of 89.1 square meters among the real property listed in paragraph (1) of the attached list;
(b) the defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction project partnership established and changed under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by the head of Dongjak-gu Seoul Metropolitan Government with the approval of establishment on October 15, 2001 by the head of Dongjak-gu Seoul Metropolitan Government for the purpose of promoting a housing reconstruction project in the Dongjak-gu Seoul Metropolitan Government E Group.
B. The Plaintiff received project implementation authorization from the head of Dongjak-gu Seoul Metropolitan Government on November 20, 2014 in accordance with the Act on the Improvement of Urban Areas, and obtained authorization of the management and disposal plan on September 9, 2016, and the head of Dongjak-gu Seoul Metropolitan Government announced it on September 13, 206.
C. Each real estate listed in the separate sheet is located within the project implementation district, and Defendant B is currently occupying each of the above parts as the lessee of the part (B) part of the attached sheet No. 11, 12, 17, 18, 19, 20, and 11 of the land listed in the attached sheet No. 1 of the attached sheet No. 2 of the real estate listed in the attached sheet No. 2 of the attached sheet No. 2 of the land of the attached sheet No. 1,2, 7, 8, 9, 10, and 11 of the land of the attached sheet No. 2 of the land of the attached sheet No. 2 of the land of the attached sheet No. 2 of the attached sheet.
[Reasons for Recognition] Defendant B: Defendant C, D: The absence of dispute, each entry in Gap evidence Nos. 1 through 4, and the purport of the whole pleadings
2. The assertion and judgment
A. Article 49(6) of the Act on the Determination of Grounds for a Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is made with respect to the Plaintiff, the Plaintiff, a project implementer, shall perform the project by removing