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1. The Plaintiff:
A. Defendant B: the real estate listed in paragraph 8 of the attached list;
B. Defendant C is listed in [Attachment] No. 12.
Reasons
1. Facts of recognition;
A. The Plaintiff is a Housing Redevelopment and Improvement Project Association which obtained an authorization for establishment from the Suwon City Mayor on December 17, 2010 for the purpose of housing redevelopment improvement project with the land size of 222,489 square meters as prescribed by the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14943, Oct. 24, 2017; hereinafter “former Urban Improvement Act”) and the articles of incorporation as prescribed by the articles of incorporation.
B. On June 29, 2016, pursuant to Article 28(1) of the former Act, the Plaintiff received a public announcement of authorization for the implementation of the project from the Suwon Market (U.S. E) and received a public announcement of the approval for the implementation of the project on August 25, 2017, pursuant to Article 48(1) of the former Act.
C. Each real estate listed in the separate sheet is located in the project implementation district, and Defendant B is located in the said project implementation district, and Defendant C is operating the real estate listed in the separate sheet No. 8, and the real estate listed in the separate sheet No. 12, respectively.
The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal, which did not consult with the Defendants on the compensation for losses, and the Gyeonggi-do Local Land Tribunal decided on October 1, 2018 on the commencement date of expropriation as of November 15, 2018.
E. On November 7, 2018, the Plaintiff paid the full amount of compensation determined by the expropriation ruling to Defendant C, and on November 13, 2018, deposited the full amount of compensation for losses as stipulated by the expropriation ruling to Defendant B.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 10, the purport of the whole pleadings
2. The assertion and judgment
A. Article 49(6) main text of the former Act on the Maintenance and Improvement of Urban Areas provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building by the date of the public announcement of transfer under Article 54.” Thus, the public announcement of the approval of the management and disposition plan