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1. The Plaintiff:
A. Defendant B delivers the real estate listed in Attachment No. 1;
B. Defendant C is listed in attached Form 2.
Reasons
1. Basic facts
A. The Plaintiff is a cooperative that completed the registration of establishment on July 29, 201, with the aim of improving the urban environment and contributing to improving the quality of residential life through housing redevelopment and improvement projects (hereinafter “instant improvement project”) on a housing redevelopment and improvement project in the size of 41,865 square meters in the Republic of Korea, Namyang-si, Namyang-si.
B. The Plaintiff obtained the authorization of the management and disposal plan on December 3, 2019 with respect to the instant improvement project, and the public notice was made on December 5, 2019 (G).
(c)
The Defendants are those who possess each of the Defendant’s real estate (hereinafter “instant real estate”) among the attached Form 1 re-real estate in the rearrangement zone of the instant rearrangement project, located as follows.
A person who is in the name of the Defendant’s name, number 1 B 1 H apartment I liquidation in number 1 B 1 H apartment I liquidation in number 2 C 2 H apartment liquidation in number 3 D 3 H apartment liquidation in number 4 E 3 H apartment liquidation in number 4 E 3 H apartment liquidation in number 3
D. On August 3, 2020, the expropriation of the instant real estate by the Gyeonggi-do Local Land Expropriation Committee was decided on August 3, 2020, and the Plaintiff deposited the compensation for losses incurred therefrom on September 7, 2020.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6 through 10 (including various numbers), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance and Improvement of Urban Areas”) provides that “When the head of a Si/Gun, etc. approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government.” The main text of Article 81(1) provides that “When a public notice is given by the owner, superficies, lease holder, etc. of the previous land or building, the right holder, such as the owner, superficies, lease holder, etc., of the previous land or building, shall not use or profit from the previous land or building by the date of the public notice of transfer under Article 86.”
except as provided in the proviso of Article 81 (1).