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1. The Plaintiff:
A. Defendant B indicated in the attached Form 7’s Schedule 1, 2, 3, 4, 9, 10, 10, among the real estate 1 floors listed in the attached Form 7’s Schedule.
Reasons
1. Basic facts
A. On February 25, 2016, the head of Eunpyeong-gu Office authorized the Plaintiff’s management and disposal plan established for a housing redevelopment project, and publicly announced it.
B. The Defendants are occupying each real estate listed in the separate sheet in the rearrangement zone where the Plaintiff is running the business.
[Evidence Evidence: Evidence without dispute, Evidence Nos. 3, 4, 5-7, the purport of the whole pleadings]
2. According to the above findings of the determination as to the cause of the claim, the plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
() As a project implementer under Article 48-2 (1) of the Act, an existing building in the project site shall be removed in accordance with the management and disposal plan authorized by the project implementer, and the defendants are unable to use or profit from the previous building pursuant to Article 49(6), and the project implementer is obligated to deliver the pertinent building to the plaintiff who lawfully acquired the right to use or benefit from the building, unless there are special circumstances.
(See Supreme Court Decision 2009Da53635 Decided May 27, 2010). As to this, Defendant B asserted that, even though it was inevitable due to failure in the business, the Plaintiff refused compensation, the Plaintiff could not accept the Plaintiff’s claim before receiving the right to sell rental housing and the right to move housing for four persons.
On December 11, 2008, as data submitted by Defendant B, the moving-in report was made to the present domicile on December 11, 2008, and the delivery date of real estate based on the lease contract was made on January 26, 2010, etc., and there is no evidence to deem that Defendant B is eligible for compensation or that the instant claim satisfies the requirements for moving-in expenses and moving-in expenses and moving-in expenses, and there is no evidence to deem that the instant claim is unreasonable. Accordingly,
The plaintiff's claims against the defendants are accepted in entirety.