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1. The Plaintiff:
A. Defendant B: the real estate listed in Section 1 of the attached Table;
B. The defendant C shall be listed in paragraph 2 of the attached Table.
Reasons
1. Basic facts
A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to carry out a redevelopment project (hereinafter “instant project”) within the Masan-si Eth (103,621,76 square meters) in Changwon-si, Changwon-si.
B. On December 15, 2015, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the owners of land, etc. in the instant project zone, and the Changwon Mayor approved the Plaintiff’s management and disposal plan and publicly notified it on December 15,
(hereinafter referred to as “instant notice”). C.
Defendant B is the owner of the real estate listed in paragraph (1) of the attached Table 1 belonging to the rearrangement zone, and Defendant C occupies the real estate as the lessee of the real estate listed in paragraph (2) of the attached Table 2 belonging to
(hereinafter referred to as “each real estate of this case”). 【No dispute exists over the real estate of this case’s possession of the Defendants, the entries in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, a person having a right to lease on a deposit basis, and a lessee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the same Act, and the
Therefore, barring special circumstances, the Defendants whose use or profit has been suspended pursuant to the instant public notice are obligated to deliver the real estate to the Plaintiff who acquired the right to use or profit from each of the instant real estate as the project implementer.
3. Defendant C’s assertion is alleged to the effect that it cannot respond to the Plaintiff’s claim until the due compensation is paid. However, if the purport of the entire pleadings is added to each description of evidence Nos. 9 and 10, the Plaintiff filed an application for adjudication in order to compensate Defendant C for losses.