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1. The Plaintiff:
A. The Defendants’ real estate listed in the separate sheet No. 1,
B. Defendant C shall be listed in the Appendix 2 List.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing reconstruction and improvement 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 reconstruction improvement project with the size of 36,243.80 square meters as a rearrangement zone in Changwon-si, Changwon-si.
B. On September 29, 2017, the Changwon Mayor approved and publicly notified the Plaintiff’s management and disposition plan (hereinafter “instant management and disposition plan”).
C. Each real estate listed in the separate sheet No. 1 and each real estate listed in the separate sheet No. 2 (hereinafter collectively referred to as “each of the instant real estate”) are located in the Plaintiff’s rearrangement zone. The Defendants are co-owners of each real estate listed in the separate sheet No. 1 and Defendant C is the owner of each real estate listed in the separate sheet No. 2.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings
2. Determination
A. Determination on the cause of claim 1) Article 81(1) main text of the Urban Improvement Act provides that “When the authorization of the management and disposal plan is publicly notified, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date the transfer is publicly notified under Article 86.” Thus, when the approval of the management and disposal plan is publicly notified, the use of or benefit from the former land or building by the right holder, such as the owner, superficies, leasee, etc., is suspended, and the project implementer is allowed to use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or benefit from each real estate of this case has been suspended pursuant to the public notice of the management and disposal plan of this case
B. 1. The Defendants’ assertion, etc. are first determined by the Defendants.