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1. The Plaintiff:
(a) Defendant B and Defendant C are real estate listed in the separate sheet No. 3;
B. The defendant D shall list attached Form 5.
Reasons
1. Facts of recognition;
A. On September 24, 2009, the Plaintiff: (a) was a housing redevelopment and consolidation project association with the authorization of establishment on September 24, 2009; (b) obtained project implementation authorization and notification on December 31, 2015; and (c) obtained authorization and notification on the management and disposal plan and notification on August 2, 2017.
B. Defendant B and C share 1/4 shares of each of the real estate listed in the separate sheet No. 3 in the project implementation district, and Defendant D owns real estate listed in the separate sheet No. 5 located in the project implementation district.
C. Meanwhile, on October 29, 2018, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation on the respective shares above Defendant B and C and the real estate held by Defendant D. On December 4, 2018, the Plaintiff deposited KRW 92,857,760 of the Suwon District Court’s gold No. 13714 in Suwon District Court on December 4, 2018; KRW 92,857,760 of the compensation to Defendant C as the gold No. 13712 of the same court in 2018; and KRW 494,91,190 of the compensation to Defendant D as the gold No. 13706 of the same court in 2018.
[Ground of recognition] The plaintiff, defendant B, and C: Article 150 (Voluntary Confession) of the Civil Procedure Act, and defendant D: Evidence Nos. 1 through 3, Evidence Nos. 4-5 and 6, and the purport of the whole pleadings
2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018; hereinafter “former Act”) provides that “When a management and disposal plan is authorized and publicly announced, any holder of a right, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That the foregoing shall not apply to cases where the project operator’s consent or the compensation for losses under Article 40 and the Public Works Act is not completed.” The Defendants are suspended from using or benefit from the previous land as the owner in accordance with the public announcement of the management and disposal plan.