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1. Defendant A:
(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 6, and 1.
Reasons
1. Facts of recognition;
A. On March 8, 2017, the Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, which is implementing D’s residential environment improvement project (hereinafter “instant project”), and was publicly notified on the same day.
B. The Plaintiff paid compensation to E, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) located within the instant project zone, and completed the registration of ownership transfer on June 12, 2017 due to the acquisition of the public land on May 30, 2017. The Defendant A leased the portion of the instant real estate 1st, which is 54.56 square meters of the sales floor (hereinafter “the instant portion”) connected each point in sequence among the items indicated in the separate sheet No. 1, 2, 3, 6, and 1, and the Defendant B leased the portion of the instant real estate 28.56 square meters of the sales floor (hereinafter “the instant portion”).
C. The Plaintiff deposited the business compensation adjudicated on September 26, 2017 by the Incheon Metropolitan City Regional Land Expropriation Committee. On November 6, 2017, the Plaintiff deposited KRW 30,300,000 for Defendant A, and KRW 24,755,00 for Defendant B on November 7, 2017, respectively.
On the other hand, the starting date of the expropriation stipulated in the above ruling is November 16, 2017.
The amount equivalent to the monthly rent for the section of this case is KRW 102,00, and the monthly rent for the section of the instant case is KRW 53,400.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), when the authorization of a management and disposal plan is publicly notified, a right holder, such as the owner of the previous land or structure, shall not use it or profit from it, but the project implementer’s consent.