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1. The Plaintiff:
A. Defendant B each point of the attached Form 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the attached Table 1 list.
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment and rearrangement project partnership established to implement a housing redevelopment and rearrangement project in the Dong-gu, Gwangju, and the buildings listed in the attached Table 1 F owned by the Plaintiff (hereinafter “instant building”) are located in the said rearrangement project zone.
B. The head of the Dong-gu Gwangju Metropolitan City approved the management and disposal plan on July 27, 2018 for the plaintiff, and publicly announced it as G publicly announced by the Dong-gu Gwangju Metropolitan City on the same day.
C. Defendant B leased and occupied a portion of 65 square meters in the ship (A) connected in sequence with each point of 1,2,3,4, and 1 of the annexed drawing Nos. 2 among the 1st floor of the instant building from F. Defendant C leased and occupied a portion of 65 square meters in the ship (B) connected each point of 1,2,3,4, and 1 of the annexed drawing Nos. 3 among the 1st floor of the instant building from F. Defendant D leased and occupied a portion of 65 square meters in sequence. Defendant D leased and occupied a portion of 90 square meters in the ship connected each point of 1,2,3,4, and 1 of the annexed drawing Nos. 4 among the 2nd floor of the instant building from F.
On July 1, 2020, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee as of August 20, 2020 on the commencement date of expropriation. On August 14, 2020, the Plaintiff deposited F as the principal deposit and deposited the compensation for losses as prescribed by the above ruling.
[Ground of recognition] Defendant B and C: Decision on deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)
2. Determination
A. 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”) provides that “the owner, superficies, leasee, right holder, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, when the public announcement of the approval plan is made under Article 78(4) of the same Act.”
Modern, Plaintiff 1.