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The Plaintiff
A. Defendant B: the real estate listed in Section 1 of [Attachment];
B. Defendant C shall be listed in [Attachment] Section 2.
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment and consolidation project association that obtained approval for establishment from the head of Dongdaemun-gu Office on December 3, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment improvement project with respect to the housing redevelopment project for the Dongdaemun-gu Seoul Metropolitan Government G Group (hereinafter “instant project zone”).
B. On October 4, 2019, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.
C. The Defendants possess each of the real estate listed in the separate sheet in the instant project zone.
[Ground for recognition] Unsatisfy, Gap evidence 1 to 4 (including each branch number, if any), the purport of the whole pleadings
2. Determination
A. When a public notice of the management and disposal plan stipulated in the Act on the Determination of Claims against Defendants B, D, E, and F is given, the use and profit-making of right holders, such as owners, superficies, persons having a right to lease on the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff who acquired the right to use and benefit from the pertinent real estate after obtaining authorization and public notice of the management and disposal plan under the Urban Improvement Act.
B. According to the evidence Nos. 9 and 10 of the judgment as to the claim against Defendant C, Defendant C may acknowledge the fact that the Plaintiff acquired the membership of the Plaintiff association according to the final and conclusive ruling of the Seoul Administrative Court 2019Guhap86044, which became final and conclusive, and thus, the Plaintiff’s member is obligated to deliver the instant real estate to the Plaintiff in accordance with
Although Defendant C asserted that moving expenses should be paid, the above Defendant becomes a member of the Plaintiff.