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1. The Plaintiff:
(a) Defendant B shall indicate 1 drawings in the same list among the real estate listed in the attached list No. 1, 2, 3, 4.
Reasons
1. Basic facts
A. On September 4, 2008, the Plaintiff is a housing redevelopment project partnership that obtained authorization to establish an association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 53,149.50 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul Metropolitan Government as the project implementation district.
B. The head of Dongdaemun-gu Seoul Metropolitan Government approved the management and disposal plan on September 29, 2017 to the Plaintiff (hereinafter “the instant management and disposal plan”), and publicly notified the plan to the Dongdaemun-gu Seoul Metropolitan Government public notice on October 12 of the same year.
C. The Defendants respectively possess each real estate listed in the Disposition No. 1 located in the project implementation district.
[Grounds for Recognition] Defendants: Confession (the main sentence of Article 150(3) of the Civil Procedure Act)
2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of Urban Improvement is given, the use and profit-making by right holders, such as owners, superficies, persons having a right to lease, and lessees of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each of the relevant real estate stipulated in Paragraph (1) of the disposition, which the Defendants acquired the right to use and benefit in accordance with the notice
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.