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1. The Plaintiff:
A. Defendant B is one of the four floors of the real estate listed in the attached Form 1, which indicated in the attached Form 2, 3, 4, 5, and 2.
Reasons
Facts of recognition
The plaintiff is an organization consisting of owners of land, etc. who conduct an urban environment improvement project by setting the size of 43281.8 square meters in Dongdaemun-gu Seoul Metropolitan Government E, as a project district
Defendant B, among the four floors of the real estate listed in the attached Table 1 located within the said project implementation district, owns the portion of 16.52 square meters in the ship (B) connected with each point of the attached Table 2, 3, 4, 5, and 2 in sequence; Defendant C, in the order of each point of 7, 8, 9, 10, and 7 of the same drawings; Defendant C, in the order of each point of 7, 8, 9, 10, and 91 square meters in the ship; and Defendant D, in the order of each point of 1,2,5,6, and 16.52 square meters in the ship (hereinafter collectively referred to as “each of the instant real estate”).
The head of Dongdaemun-gu Seoul Metropolitan Government approved the implementation of the project on September 11, 2014, and approved the management and disposal plan on November 26, 2015, and announced it on the same day.
【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 6 (including provisional parcel number circulation), and when authorization and public notice of a management and disposal plan is given pursuant to Article 49(6) and (3) of the Act on the Determination of Grounds for Claim for the purport of the entire pleadings, use or profit-making of the previous owner, lessee, etc. of the subject matter shall be suspended, and the project implementer may take over the subject matter and use it for profit-making in order to start the construction work (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above facts of recognition, the defendants are obligated to hand over each of
The plaintiff's non-project implementer's assertion as to defendant B and C is merely an association for urban environment rearrangement projects, not an association for urban environment rearrangement projects, and thus, the plaintiff's authorization for the management and disposal plan and authorization for project implementation
Notwithstanding its name, the plaintiff is an organization consisting of owners of land, etc. and is at the pre-establishment stage of establishment of an association under Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.