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1. The plaintiff, the defendant B shall be the branch floor among the buildings listed in the attached Table 1 List 1, and the defendant C shall be listed in the attached Table 1 List 1.
Reasons
1. Facts of recognition;
A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters for the Gu E Il-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was notified of the management and disposal plan on the same day.
B. Defendant D is the owner of the building indicated in paragraph (2) of the attached Table No. 2 located within the redevelopment area of this case, and Defendant B is the owner of the building, and Defendant B is the branch of the building listed in paragraph (1) of the attached Table No. 1, and Defendant C is the third floor of the building listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “each building of this case”) leased and possessed from F.
C. On May 15, 2017 and June 12, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of each of the instant buildings, etc., and the Plaintiff deposited full amount of KRW 7,450,00 for compensation for losses on July 19, 2017 with Defendant D as depositee on July 19, 2017, and Defendant B as of July 20, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval and public notice of a management and disposal plan for a redevelopment project is given, the owner, superficies, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure without the consent of the project operator until the date of public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.