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1. The Plaintiff:
A. Defendant B: (a) the buildings listed in the separate sheet No. 1;
B. Defendant C is among the strata of the building listed in the attached Table 1 list.
Reasons
1. 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 improving housing redevelopment project on the scale of 185,269 square meters in Ansan-si during the period of 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 the housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on the same day.
Defendant B is the owner of the building listed in the attached Table 1 list within the instant redevelopment project zone (hereinafter “instant building”). Defendant C is the owner of the instant building, and Defendant C is the one who leased and occupied part 2 in the ship, which connects each point of the attached Table 2, 5,6, 7, 9, 9, 9, 5, 5, among the branch floors of the instant building.
On May 15, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the instant building, etc. (hereinafter “instant adjudication of expropriation”), and the Plaintiff deposited full amount of KRW 530,796,670 on June 21, 2017 with Defendant B as the depositee, according to the instant adjudication of expropriation.
[Reasons for Recognition] Defendant B: The non-contentious facts, Gap evidence Nos. 1 through 6, 8, and 9 (including the provisional number) and the purport of the whole pleadings, as a whole, defendant C: deemed confession (Article 208(3)2 of the Civil Procedure Act)
2. Determination on the cause of the claim
A. (1) Under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan for a redevelopment project is granted and a public notice thereof is given, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall 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. Thus, the purpose of Article 1 of the Act and the implementation of a rearrangement