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1. The Plaintiff:
A. Defendant B: (a) the real estate listed in [Attachment] Section 1;
B. Defendant C shall be listed in [Attachment] Section 2.
Reasons
1. Indication of claim;
A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 103,621.76 square meters of the area of the D daily area in Changwon-si, Changwon-si as an improvement zone.
B. On December 15, 2015, the Plaintiff received a management and disposal plan from the original market, and the original market publicly notified the management and disposal plan on the same day.
C. Defendant B is the owner of each real estate listed in paragraph (1) of the attached Table 1 located in the rearrangement zone, and Defendant C is the owner of each real estate listed in paragraph (2) of the attached Table 2 located in the rearrangement zone, but is the subject of cash liquidation who fails to apply for parcelling-out within the period for application for parcelling
Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May
The defendants whose use or profit has been suspended in accordance with the notice of the above management and disposal plan are obligated to deliver each possession of each real estate to the plaintiff who acquired the right to use and profit.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);