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1. The Plaintiff:
A. Defendant B shall be in sequence 181.5 square meters of the first floor and the second floor drawings among the real estate listed in the [Attachment List No. 1].
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association aimed at housing redevelopment and rearrangement project with a size of 116,66.10 square meters of 116,66.10 square meters in Ansan-si in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants are the owners of each real estate listed in the attached Table located in the project implementation district and applied for parcelling-out.
B. On January 15, 2016, the Plaintiff obtained authorization for the change of the project implementation from the Ansan market, and the Ansan market announced the change of the project implementation on the same day. On February 27, 2017, the Plaintiff obtained the approval for the management and disposal plan from the Ansan market, and the Gyeyang market announced the management and disposal plan on the same day.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including each number), the purport of the whole pleadings
2. Determination
A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of a management and disposition plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or profit has been suspended pursuant to the public announcement of the authorization of the management
3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.