1. 피고는 원고에게 별지 목록 기재 부동산 2층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의...

Basic Facts

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant project”) in the Dong Government City C, and obtained authorization for the establishment from the Jung Government City Mayor on August 26, 2011.

B. As to the instant project, the Plaintiff obtained respectively authorization of the implementation of the project on April 3, 2014 (Notice D in the Government City) and the management and disposal plan (Notice E in the Government City) on May 29, 2017 from the Gu Government City.

다. 피고는 이 사건 사업구역 안에 있는 별지 목록 기재 부동산 2층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 순차로 연결한 선내 (가) 부분 36㎡(이하 ‘이 사건 주택’이라 한다)의 소유자인 F로부터 이를 임차하여, 위 주택에서 거주하여 왔다.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 19 (including the provisional number), and Article 49 (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter "former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") provide that "the head of a Si/Gun shall, when he approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made under paragraph (3), a right holder, such as the owner, superficies, person with superficies, lease right, etc. of the previous land or building, shall not use or profit from the previous land or building by the date of public announcement of transfer under

If a management and disposition plan is authorized and publicly announced pursuant to these statutory provisions, the former owner’s use and profit-making of the subject matter shall be suspended, so a project implementer may use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201).