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1. The Plaintiff:
A. Defendant B received KRW 70,000,000 from the Plaintiff and simultaneously entered in the separate sheet No. 1.
Reasons
Basic Facts
The plaintiff is a housing redevelopment and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), which is established in the area of Busan Dong-gu E, which is established as the business area, and was subject to the approval of the management and disposal plan on July 20, 2015, and was publicly notified as F of the Busan Metropolitan City Dong-gu public notice on July 29, 20
The owner G of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) located in the Plaintiff’s business area and the owner of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 2”) are non-members as each cash clearing.
Defendant B leased and possessed the instant real estate in KRW 70,00,000 from G on May 1, 2013. Defendant C leased and occupied the instant real estate in KRW 20,000,000 from H on April 17, 2012, KRW 20,000,000, and KRW 150,000 per month of rent.
The Busan Metropolitan City Regional Land Tribunal made a ruling of expropriation of the instant No. 1 and 2 real estate. According to the above ruling of expropriation, the Plaintiff deposited KRW 299,860,860,860 as the deposited person, and KRW 236,174,440 as the deposited person, H as the owner of the instant 2 real estate.
[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1, Eul's evidence Nos. 1, 1, and 3, and the ground for a claim to determine the purport of the entire pleadings, according to the above facts-finding, pursuant to Article 49 (6) of the Urban Improvement Act, the plaintiff acquired the use of and the right to benefit from the real estate Nos. 1, 2, and 1, 2 with the approval and notification of the above management and disposition plan, and the defendants lost their use and right to benefit. Thus, barring special circumstances, the defendant Eul is obligated to deliver the real estate No. 1, and
As to Defendant B’s assertion, Defendant B is authorized to establish the Plaintiff’s association, project implementation plan, and management disposition plan.