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1. The Plaintiff:
(a) Defendant B and C are buildings listed in paragraph 1 of the attached Table;
B. Defendant D and E shall be subject to Paragraph 2. of the attached Table.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment improvement project partnership (hereinafter “instant project”) that completed the establishment registration on July 19, 2010 with the approval from the head of Seongbuk-gu Seoul Metropolitan Government on the establishment of the association on July 21, 2010 for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”).
B. Defendant B, C, and I are the owners of each of the pertinent buildings and their sites listed in the separate sheet Nos. 1 and 4 in the project area of this case, who became a person subject to cash settlement because they did not apply for parcelling-out within the period for application for parcelling-out as notified by the Plaintiff. The remaining Defendants leased and occupy each of the relevant buildings listed in the separate sheet Nos. 2, 3, and 5.
C. On August 30, 2018, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the plan as L on September 6, 2018.
[Reasons for Recognition] Defendant B, C, and J: Each description of evidence Nos. 1, 3, 4, and 9 (including the number of pages), the entire purport of the pleading, and Defendant D, E, F, G, H, and I: Confession under Article 150(3) and (1) of the Civil Procedure Act
2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), in a redevelopment project, the owner, superficies, leasee, right holder, etc. of the previous land or building may not use or profit from the previous land or building until the date of the public notice of transfer under Article 86 of the same Act when the management and disposal plan is publicly notified (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the facts found in Article 81(1), the person who is the project implementer, shall use or profit from the previous land or building (see Supreme Court Decision 2009Da53635, May 27, 201