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1. The Plaintiff:
(a) Defendant B is the second floor of the real estate listed in the separate sheet;
B. Defendant C shall enter the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project association whose project implementation district covers all E groups in Eunpyeong-gu Seoul Metropolitan Government.
B. The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposition plan on February 25, 2016 for the housing redevelopment improvement project implemented by the Plaintiff, and at that time publicly notified the plan.
C. Defendant D is the owner of the instant real estate located in the said project implementation district, and Defendant B is the second floor among the instant real estate, and Defendant C is the lessee of the fourth floor among the instant real estate. D. The Plaintiff filed an application for adjudication because consultation with landowners located in the project implementation district was not made on compensation for losses. On October 28, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication of expropriation on December 16, 2016. E. The Plaintiff deposited KRW 921,672,240 in Defendant D’s future on December 16, 2016 according to the said adjudication of expropriation. [In the absence of any dispute over recognition, evidence No. 1 through 4, evidence No. 5-2, evidence No. 5-1, evidence No. 6-1, and evidence No. 7, and the purport of the entire pleadings, the purport of the entire pleadings and arguments.
2. When a judgment on the cause of the claim is obtained and announced with authorization from the developer for the redevelopment and rearrangement project, the right holder of the previous land or structure shall lose the right to use or profit from the previous land or structure as stipulated in the management and disposal plan, and the developer shall remove the existing structure or acquire the right to dispose or use it by other means (Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), and as seen earlier, the plaintiff's approval of the management and disposal plan in this case is notified publicly (Article 49(6) of the same Act)
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is with merit.