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1. The Plaintiff:
A. Defendant B, among the buildings listed in Annex 1 List 2, indicated in Annex 1 List 1 List 2, indicated in Annex 21 Map 1, 2, 3, 23, 19, 20.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and improvement project partnership established on September 11, 2008 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the Michuhol-gu Incheon District as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The head of Michuhol-gu Incheon Metropolitan City shall approve the management and disposal plan concerning the above improvement project on November 13, 2017, and publicly notify it on the same day.
B. I was the owner of the instant real estate indicated in the separate sheet No. 1 (hereinafter “instant real estate”) located within the instant project zone, and became eligible for cash settlement as a result of failing to apply for parcelling-out during the period of application for parcelling-out, and died on June 14, 2018, Defendant E, Defendant F and G, a spouse, were the heir.
Defendant B, among the buildings listed in attached Table 1 List 2 (hereinafter “instant building”), is 50 square meters in the line (a) connecting each point of Annex 1, 2, 3, 23, 19, 20, 21, 22, and 1, among the buildings listed in attached Table 1 List 2 (hereinafter “instant building”); Defendant C is 35 square meters in the line that connects each point of Annex 21 floor drawings among the instant buildings, and 33, 34, 35, 36, 42, 43, and 55 square meters in the line that connects each point of Annex 24, 15, 16, 17, and 14 among the instant buildings.
[Ground of Recognition] Defendant B, G: A without dispute, evidence Nos. 1 through 7, Defendant C, D, E, and F
2. Determination
A. According to the main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claims, when a management and disposal plan is authorized and publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, the Plaintiff is the project implementer for whom the public notice of the