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1. The Plaintiff:
A. Defendant B: (a) the real estate listed in [Attachment] Section 1;
B. Defendant C shall set out in attached list 2.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. Fact 1) The Plaintiff is a project implementation district (hereinafter “project implementation district of this case”) with the Flue-gu Seoul Metropolitan Government 48,063m2 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11059, Sept. 16, 201).
) Housing reconstruction rearrangement project to be implemented (hereinafter “instant project”)
(2) On April 23, 2015, the Ansan City approved and publicly notified the implementation of the instant project on the instant project on September 4, 201, and on May 4, 2018, the management and disposal plan concerning the instant project was approved and publicly notified.
3) Defendant B: The real estate listed in paragraph (1) of the Attached List; Defendant C is the real estate listed in Paragraph (2) of the Attached List; Defendant D is the real estate listed in Paragraph (3) of the Attached List; and Defendant E is the real estate listed in Paragraph (4) of the Attached List. Each of the above real estate is located in the project implementation district of this case. 【Grounds for Recognition】 The Plaintiff and the Defendant B, and C are the parties to confession (Article 150(3) and (1) of the Civil Procedure Act, and between the Plaintiff and the Defendant D, and E: There is no dispute, and the purport of the entire pleadings, as a whole,
B. Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 15676, Jun. 12, 2018; hereinafter “Urban Improvement Act”)
The main sentence of Article 81(1) provides that "the owner, superficies, person having a right to lease, lease, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4)." If the approval of the management and disposal plan is publicly notified pursuant to the above provision, use or benefit from the previous owner, etc. of the object shall be suspended. Thus, the project implementer shall not follow the procedures of separate expropriation or use of the object.