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1. The Plaintiff:
A. Defendant B’s real estate listed in [Attachment No. 1],
B. Defendant C is an affiliated list No. 2.
Reasons
1. Facts of recognition;
A. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 17,850 square meters from the head of Seongbuk-gu Seoul Metropolitan Government as the project implementation district.
B. The Defendants are the owners and occupancy users of each of the real estate listed in paragraph (1) of this Article located within the project implementation district (hereinafter “each of the instant real estate”). They are the subjects of cash liquidation who did not consent to the redevelopment improvement project of the Plaintiff.
C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on March 20, 2014, and publicly announced the authorization to implement the project on October 13, 2015, and approved the management and disposal plan on March 31, 2016 (hereinafter “the instant management and disposal plan”), and publicly announced it on the same day.
On February 15, 2017, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee. On May 26, 2017, the said Committee rendered a ruling of expropriation of each of the instant real estate, etc. on July 14, 2017, but the Plaintiff failed to pay or deposit each of the respective compensation for losses to each of the Defendant by the commencement date of expropriation.
E. On October 25, 2017, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal again, and the said Committee rendered a ruling on July 27, 2018 on accepting each of the instant real estate, etc. (hereinafter “instant adjudication of expropriation”) with the date of commencement of expropriation as of September 14, 2018.
F. The Plaintiff was from September 5, 2018 to the same month.
6. Each of the defendants was deposited as a depositee in full each of the land compensation, obstacles compensation, and additional charges determined by the adjudication on expropriation of this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. The judgment on the cause of the claim is complete by Law No. 14567, Feb. 8, 2017.