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1. The Plaintiff:
A. Defendant B delivers a building listed in the attached Form;
B. Defendant C is from the first floor of the above building.
Reasons
1. Determination on the cause of the claim
A. 1) The Plaintiff was authorized to establish a housing redevelopment project association with the area of 34,486 square meters in Busan Jin-gu, Busan as its business area. 2) The Plaintiff obtained authorization for the establishment of the project on March 6, 2008 from the head of Busan-gu, Busan-do, to implement the project on March 3, 2009, to approve the project on February 29, 2012, to approve the project implementation plan on March 31, 2017, and to obtain authorization for the management and disposal plan (hereinafter “instant management and disposal plan”).
3) On April 5, 2017, the head of Busan District Office publicly notified the management and disposal plan of the instant case on April 5, 2017. 4) The buildings listed in the attached Form (hereinafter “instant buildings”) are located in the said project implementation district.
Defendant B is the owner of the building in this case who applied for the parcelling-out within the period of application for parcelling-out, and Defendant C is the owner of the building in this case.
[Reasons for Recognition] Defendant 1: Article 150(3) of the Civil Procedure Act; Defendant 2: Evidence No. 1 to 4 (including paper numbers); Evidence No. 1 to 3; and the purport of the whole pleadings
B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “When a management and disposal plan is authorized and announced, any right holder, such as the owner or lessee 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,” barring any special circumstance, barring any special circumstance, the former owner’s use or benefit from the object shall be suspended, and the project implementer may use or benefit from the object without any separate procedure of expropriation or use (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 201Da85352, Dec. 26, 2013).