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The Plaintiff
A. Defendant B: (a) the building listed in Section 1 of the Annex A;
B. Defendant C is listed in Appendix 1 List 2.
Reasons
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment Development Project Association which completed the registration of incorporation on December 4, 2008 with the approval of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on December 3, 2008 for the purpose of implementing the Housing Redevelopment Improvement Project (hereinafter “instant project”).
B. The Defendants leased each of the pertinent buildings listed in the separate sheet No. 1 in the instant project zone and possess and use them for business purposes.
C. On October 4, 2019, the Plaintiff obtained approval from the head of Dongdaemun-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Dongdaemun-gu Seoul Metropolitan Government announced it to the Dongdaemun-gu Seoul Metropolitan Government Public NotificationF on the same day.
The plaintiff filed an application with the local Land Tribunal for adjudication of expropriation on the business rights of each building listed in the separate sheet No. 1, and on April 24, 2020, the above committee decided the commencement date of expropriation on June 12, 2020 with regard to each business rights of the defendants.
On June 5, 2020, the Plaintiff deposited KRW 42,180,000 as the deposited money, KRW 1,815,000 as the deposited money, KRW 1,815,00 as the deposited money, and KRW 78,980,00 as the deposited money.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings
2. According to 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”), a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure in a redevelopment project, shall not use the previous land or structure or profit therefrom until the date of the public announcement of transfer under Article 86 of the same Act, and the redevelopment cooperative, which is the project developer, shall not use