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1. The Plaintiff:
A. Defendant C shall receive KRW 5,000,000 from the Plaintiff at the same time (attached Form).
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of building new buildings on the land in Seocho-gu Seoul Metropolitan Government (hereinafter “instant improvement project”).
B. The Defendants leased and occupy each of the relevant real estate listed in the real estate list from the owners in the instant improvement zone.
C. After obtaining authorization to establish the association from the head of Seocho-gu on May 10, 2012, the Plaintiff obtained authorization to implement the instant rearrangement project on July 29, 2013, and received authorization to implement the relevant rearrangement project on July 13, 2016, and was publicly notified on the following day.
【Ground for Recognition】 Defendant E: Article 150 (Voluntary Confession) of the Civil Procedure Act; Defendants: The absence of dispute; evidence Nos. 1 through 6 (including each number, if any; hereinafter the same shall apply); the purport of the whole pleadings
2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “If a management and disposal plan is authorized and publicly notified, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of the public notice of relocation under Article 54.” Thus, the Defendants shall be deemed to have lost the right to use or benefit from the previous land by approving and publicly notifying the management and disposal plan concerning the instant rearrangement project on July 14, 2016.
Even after the amendment was implemented pursuant to Article 25 of the Addenda to the Urban Improvement Act (No. 14565, Feb. 8, 2017), the Defendants still have to enter the real estate list in the improvement zone (attached Form).