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The Plaintiff
A. Defendant B: the real estate listed in the separate sheet No. 1;
B. Defendant C shall provide the real estate listed in the separate sheet 2.
Reasons
Basic Facts
A. The Plaintiff is a cooperative established to implement a housing redevelopment project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the land area of 80,720 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with the authorization for the implementation of the project on October 28, 201, and with the authorization for the implementation of the project on April 10, 201, the details thereof was publicly notified.
B. F, on November 18, 2017, with respect to the real estate listed in the attached list 1 located in the instant rearrangement project zone, the following: (a) on the lease deposit of KRW 13,00,000, monthly rent of KRW 400,000, and the period from November 18, 2017 to November 18, 2019, the F enters into a lease agreement with G and occupies the said real estate together with the Defendant B, who was employed.
C. Defendant C is the owner of the real estate indicated in the attached list 2 located within the instant rearrangement project zone, and Defendant D occupies the part of 43 square meters in the ship, which successively connects each point of the attached list 1, 2, 5, 6, and 1 to the lessee of the real estate.
[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 and 2, purport of whole pleadings]
2. Articles 81 (1) and 81 of the Act on the Determination of Grounds for Claims (1) (1) The owners, superficies, persons having rights to the previous land or buildings, leasee, leasee, etc. shall not use or benefit from the previous land or buildings by the date of public announcement of the approval of the management and disposal plan under Article 78 (4), when the public announcement of the relocation of such land or buildings is made.
Provided, That the same shall not apply to any of the following cases:
1. If the project implementer obtains consent;
2. According to the case where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is not completed, the owner, superficies, leaseer, etc. of the previous land or structure shall be the date the transfer is publicly notified under Article 86 when the approval for the management and disposal plan is publicly notified.