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1. The Plaintiff:
A. Defendant B shall display 2, 3, 4, 5, and 2 of the attached Form 2 drawings among the real estate listed in paragraph 1 of the attached Table 1.
Reasons
1. Facts of recognition;
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”) to implement a housing reconstruction improvement project whose size is 102,200 square meters of the Seo-gu Daejeon District as a rearrangement zone.
B. On June 4, 2008, the head of Seo-gu Daejeon Metropolitan City announced the implementation of the Plaintiff’s housing reconstruction project on the same day.
C. On January 12, 2011, the head of Seo-gu Daejeon Metropolitan City approved and publicly notified the Plaintiff’s management and disposal plan (hereinafter “instant management and disposal plan”) and publicly notified the modification of the instant management and disposal plan on March 19, 2019, and publicly notified the amendment.
C. Each real estate listed in the separate sheet No. 1 list is located within the housing reconstruction project zone, and Defendant B is a lessee who operates the business with the trade name “F” from among the real estate listed in the separate sheet No. 1 list No. 2, 3, 4, 5, and 2 that connects each point in the separate sheet No. 2, 3, 4, 5, and 2, and Defendant C is a lessee who operates the business with the trade name “F” from among the real estate listed in the separate sheet No. 1 list No. 2, 3, 6, 7, and 2.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) provides that “When the approval of a management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act.” As seen in the above facts, the management and disposal plan of this case is publicly announced, each real estate recorded in the order.