beta
Text
The Plaintiff
(a) Defendant B is the real estate listed in Appendix No. 1;
B. Defendant C is indicated in Appendix No. 2.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “the head of Dongdaemun-gu”) on December 3, 2008.
The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply from Dongdaemun-gu Seoul as a project implementation district.
(2) The head of Dongdaemun-gu publicly notified the Plaintiff on October 26, 2017, and approved and publicly notified the management and disposal plan on October 4, 2019.
3) Each of the real estates listed in the separate sheet located in the project implementation district (hereinafter referred to as “each of the instant real estates”) shall be referred to as “each of the instant real estates.”
Of the above, Defendant B owned the real estate No. 1 indicated in the same list; Defendant C owned the real estate No. 2 indicated in the same list; Defendant D owned the real estate No. 3 indicated in the same list; and Defendant E owned the real estate No. 4 in the same list; Defendant B, C, and E did not apply for parcelling-out. Defendant D filed a lawsuit against the Plaintiff for confirmation of the status of buyer as Seoul Administrative Court 2019Guhap4288. Defendant D filed a lawsuit against the Plaintiff for confirmation of the status of buyer. During the administrative litigation proceeding, it was recognized that Defendant D was in the status of Plaintiff’s member and buyer. 4) on May 11, 2019, the local Land Tribunal rendered a ruling of expropriation on March 27, 2020 (the date of commencement of expropriation) on May 15, 2020) under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Article 20(1)4 of the Act on Acquisition of and Compensation for Public Works Projects (hereinafter “Land Compensation”).
[Ground of recognition] Defendant B, C, and D: A without dispute; entries in Gap evidence 1 through 11, and 15 (including branch numbers) and the purport of the whole pleadings as to Defendant E: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act
B. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas is "previous."