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1. The Defendants fall under each of the Defendants listed in paragraph (2) of the “Indication of Real Estate to be extradited to each of the Defendant.”
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established for the purpose of removing buildings within 39,461.5 square meters in Bupyeong-gu, Incheon, which are located on the site to improve urban and residential environment by constructing new buildings on the site, and contributing to the improvement of the residential stability and the quality of residential life of its members (hereinafter “instant housing redevelopment project”). The Defendants are the owners (Defendant B, F, G) of each real estate (hereinafter “each of the instant real estate”) indicated on the “Indication of the real estate to be delivered to the Defendant”), or the lessees (Defendant D, E, or the occupants (Defendant C) who possess each of the instant real estate.
B. The Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City from the head of the Gu on December 16, 2009 for the establishment of the association, and then received the authorization for the implementation of the project on August 22, 201, and the approval for the management and disposal plan on February 29, 2016, and was publicly notified on the same date.
C. As to each of the instant real estate located in Bupyeong-gu Incheon Metropolitan City I, J, K land, and its ground, the Plaintiff applied for the adjudication of expropriation. On October 25, 2016, the Incheon Metropolitan City Regional Land Expropriation Committee set the compensation by making the adjudication of expropriation. The Plaintiff deposited the said compensation in full on December 12, 2016, and the expropriation was commenced on December 14, 2016.
Meanwhile, the Plaintiff deposited on January 18, 2017 the total amount of KRW 29,100,000,000 for business compensation decided on December 1, 2016 by the Land Tribunal of Incheon Metropolitan City with respect to Defendant F, who had been operating in the name of “L” on the first floor of the Bupyeong-gu J-gu Incheon Metropolitan City building.
In addition, the plaintiff acquired the above land and buildings through consultation from N, the owner of the land and the above ground buildings in Bupyeong-gu Incheon Metropolitan City.
[Ground of recognition] Defendant B D, C, F, and G: The absence of dispute, each entry in Party A’s Evidence Nos. 1 through 11 (including the serial number), the purport of the entire pleadings, Defendant D, and E: 2. Confession.