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1. The Plaintiff:
A. Defendant B shall receive KRW 170,000,000 from the Plaintiff and at the same time enter in the attached Table.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained approval for establishment from the head of Gangnam-gu Seoul on October 14, 2003 to remove the previous multi-unit housing, etc. on the ground of the project implementation district, which is located on the ground of the project implementation district, and reconstructs the apartment housing and ancillary welfare facilities (hereinafter “instant project”).
B. Defendant B is a person who leases and occupies the real estate listed in the attached list No. 1 in the Plaintiff’s instant business area, the two real estate listed in the attached list No. 2 in the Defendant C, and the third real estate listed in the attached list No. 3 (hereinafter “each of the above real estate”), respectively.
C. As to the instant project, the Plaintiff received authorization from the head of Gangnam-gu Office to implement the project on April 28, 2016, from the project implementer, and obtained authorization for the management and disposition plan on April 6, 2018.
On the other hand, the head of Gangnam-gu announced the management and disposal plan on April 13, 2018.
[Ground of recognition] As to Defendant B and C, Gap evidence Nos. 1 through 5, Gap evidence Nos. 6 and 7-1 and 3, each of the whole arguments, and the purport of the whole argument as to Defendant D, the judgment deeming confession (Article 208 (2) 2 of the Civil Procedure Act)
2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that "Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval for the management and disposal plan under Article 78(4), if the public announcement of the approval for the management and disposal plan is made under Article 86," and when the public announcement of the approval for the management and disposal plan is made, the use or benefit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building