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1. The Plaintiff:
A. Defendant B indicated in the separate sheet No. 4, 5, 6, and 1 of the land and the first floor as indicated in the separate sheet No. 1.
Reasons
1. Basic facts
A. The Plaintiff was a cooperative established to implement an urban environment improvement project in the size of 38,508.2 square meters in Gangdong-gu Seoul Metropolitan Government, and was authorized to establish an urban environment improvement project on September 21, 2012, and was authorized to implement the E Urban Environment Improvement Project (hereinafter “instant urban environment improvement project”) on March 17, 2015, and was publicly notified after obtaining authorization from the head of Gangdong-gu Office on January 30, 2019.
B. The Defendants are the occupants of real estate in the Plaintiff’s urban environment rearrangement project zone, and are under possession and use by leasing each corresponding part of the text of paragraph (1).
C. The Plaintiff consulted with the owners, etc. of real estate within the urban environment rearrangement project district of this case on the acquisition of land and the transfer of goods, but did not reach an agreement on the grounds of less compensation, etc., the Plaintiff filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Tribunal.
The plaintiff deposited the compensation money on May 8, 2019 according to the adjudication of the Seoul Special Metropolitan City Local Land Tribunal on the business losses, etc. as follows.
The deposit amount (won) 1 B 1 B 18,350,000 2 C 47,200,000 / [Grounds for recognition] without dispute, entry in Gap evidence 1 through 5 (including the serial number) and the purport of the whole pleadings
2. Determination
(a) Article 81 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") (1) The owners, superficies, persons having rights to the previous land or buildings, persons having rights to lease, lease, lease, etc. shall not use or benefit from the previous land or buildings by the date of public announcement of the approval for the management and disposal plan under Article 78 (4), if such public announcement is made pursuant to Article 78 (4);
Provided, That the same shall not apply to any of the following cases:
1. If the project implementer obtains consent;
2. Where compensation for loss under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.