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1. The Plaintiff:
A. Defendant B: The real estate listed in the separate sheet;
B. Defendant C is among the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On September 9, 2008, the Plaintiff is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association (hereinafter “Urban Redevelopment and Improvement Project Association”) with the size of 17,850 square meters in Seongbuk-gu Seoul Metropolitan Government as the project implementation district, which obtained authorization for the establishment of a housing redevelopment and improvement project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 18, 2017;
B. The head of Seongbuk-gu Seoul Metropolitan Government publicly notified the Plaintiff’s project implementation authorization on March 20, 2014; publicly notified the project implementation authorization on October 13, 2015; and on March 31, 2016, approved the management and disposition plan (hereinafter “the instant management and disposition plan”); and publicly notified the same on the same day.
C. Defendant B is the owner of the real estate listed in the separate sheet in the project implementation district, and Defendant C occupies the real estate listed in the separate sheet as the lessee of the second floor among the real estate listed in the separate sheet.
On September 5, 2018, the Plaintiff deposited the full amount of compensation under the above expropriation ruling by the local Land Tribunal of Seoul Special Metropolitan City on July 27, 2018 on September 5, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims 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 Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are in possession of the Defendants, who acquired the right to use and benefit in accordance with the public notice of
have a duty to deliver each immovable property described in the subsection.
3. Judgment on the defendants' assertion
A. Defendant B failed to pay the interest for a certain period of time out of the interest for delay on the liquidation amount until it is paid.