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1. The Plaintiff:
A. Defendant B shall indicate 1, 2, 3, 4, 5, 10 of the real estate strata listed in attached Table 2 as shown in attached Form 2.
Reasons
1. Basic facts
A. On March 22, 2012, the Plaintiff is the head of Gangnam-gu Seoul Metropolitan Government, the head of Gangnam-gu Seoul Metropolitan Government, and the Housing Redevelopment and Improvement Project Association (hereinafter “Urban Improvement Act”) who has obtained authorization to establish an association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On December 20, 2013, the head of Gangnam-gu Seoul Northern District Office publicly notified the Plaintiff’s authorization to implement the project on May 27, 2016, publicly notified the authorization to revise the project implementation, and on December 29, 2017, approved the management and disposition plan (hereinafter “the instant authorization to implement the project”), and publicly notified on January 12, 2018.
C. The Defendants respectively possess each real estate listed in the Disposition No. 1 located in the project implementation district.
[Grounds] Defendant B: Each entry in Gap evidence Nos. 1 through 6 (including each number, if any) and the remainder of the purport of the whole pleadings: The defendants are admitted as confessions (the main text of Article 150(3) of the Civil Procedure Act)
2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of Urban Improvement is given, the use and profit-making by right holders, such as owners, superficies, persons having a right to lease, and lessees of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the relevant real estate stipulated in Paragraph (1) of the disposition, which the Defendants acquired the right to use and benefit in accordance with the notice
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.