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1. The Plaintiff:
A. The defendant C shall list the attached list
2. The listed real estate,
B. Defendant D’s Schedule
3. The description.
Reasons
1. According to the facts stated in Gap evidence Nos. 1 through 7 (including each number), the defendants are the owners of each real estate listed in the separate sheet (hereinafter the pertinent real estate). The plaintiff is the housing redevelopment and rearrangement project association in the area where the pertinent real estate is located and publicly notified on March 24, 2016 after receiving the approval of the management and disposal plan on March 21, 2016. Furthermore, the plaintiff is the full deposit of the compensation amount (each land, building, and additional dues) which the local Land Tribunal of Seoul Special Metropolitan City (each land, building, and additional dues) accepted and decided on each of the pertinent real estate by the defendants (Defendant B609,015, 68, 820 won, Defendant C50 won, Defendant D19,658,830 won, Defendant E646, 431, and 160 won).
2. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), when a management and disposal plan is publicly announced, the owner of the previous land or building cannot use or benefit from it, and the project implementer can use or benefit from it. Thus, according to the above findings, the Defendants are obligated to deliver the pertinent real estate to the Plaintiff
3. Defendant B and E’s defense asserted that each of the instant real estate could not be delivered by the Plaintiff until the Plaintiff completed the resettlement funds, relocation expenses, and relocation expenses.
E According to the proviso of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the owner of a previous land or structure may use or profit from the previous land or structure, notwithstanding the public notice of a management and disposal plan, if the compensation for losses under Article 40 of the Act on the Acquisition of Land, etc.
Meanwhile, Article 40 (1) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Public Works, Article 78 (1) and (5) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Public Works, Article 41 of the Enforcement Decree of the Act on