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1. The Plaintiff, Defendant B, and Defendant C, who are not a reinforced concrete building No. 401 of Eunpyeong-gu Seoul Metropolitan Government 401, and Defendant C, Seoul.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2:
The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff was authorized by the head of Eunpyeong-gu Seoul Metropolitan Government to establish the association on December 30, 2008, the authorization for the implementation of the project on September 26, 2013, and the authorization for the management and disposal plan on May 7, 2015, and the head of Eunpyeong-gu publicly notified the details of the above management and disposal plan on
B. On February 18, 2014, Defendant B’s husband G entered into a lease agreement with H on KRW 140 million with respect to the fourth class D of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and resided in the said real estate together with Defendant B.
(1) Defendant B asserted that the Plaintiff is not the possessor of the instant real estate, but it is reasonable to deem that the Plaintiff possessed the said real estate with her husband G. Therefore, the above assertion is rejected).
G was distributed KRW 135,985,845 out of the above lease deposit in the dividend procedure commenced to the Gwangju District Court I on August 18, 2016 with respect to KRW 194 million deposited by the Plaintiff as compensation for the expropriation of the building above.
Defendant C occupies three-story neighborhood living facilities and housing units of Eunpyeong-gu Seoul Metropolitan Government E-ground reinforced concrete and brick structure.
2. Determination
(a) Cause of claim: (i) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54 when the approval of management and disposal plan is publicly announced; and (ii) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) shall not apply to the previous land