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1. On the Plaintiff (Counterclaim Defendant),
(a) Defendant B and C are real estate listed in the separate sheet No. 1;
B. Defendant (Counterclaim Plaintiff) D
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment project partnership established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009) to carry out a housing redevelopment project (hereinafter “the instant rearrangement project”) with the implementation zone of 66,340.6 square meters in Seo-gu Daejeon, Seo-gu, Daejeon.
B. The Plaintiff obtained the project implementation authorization from the head of Seo-gu Daejeon Metropolitan City on May 22, 2009, and the project implementation approval on October 31, 2014, and the management and disposal plan approval on November 13, 2015, respectively, from the head of Seo-gu Daejeon Metropolitan City. This was publicly notified at each time.
C. Each real estate listed in the separate sheet 1 through 5 (hereinafter “each real estate of this case”) is located within the implementation zone of the instant rearrangement project, and Defendant B is the owner of the real estate listed in the separate sheet 1, and Defendant C is the possessor of the real estate listed in the separate sheet 1.
Defendant D is each owner of the real estate listed in the separate sheet No. 2, the real estate listed in the separate sheet No. 3, the real estate listed in the separate sheet No. 4, the real estate listed in Defendant F, and the real estate listed in the separate sheet No.
Defendant B, D, E, F, and G were the owners of the real estate listed in the separate sheet, and filed an application for parcelling-out with the Plaintiff during the period of application for parcelling-out from November 25, 2014 to January 20, 2015.
E. According to the Plaintiff’s articles of incorporation, a partner shall be the owner of land or a building in a project implementation district or the person with superficies thereof (Article 9(1)); a partner shall bear the obligation to remove and move according to a project implementation plan (Article 10(1)7); a person who has failed to apply for parcelling-out within the period for parcelling-out or a person who has failed to sell a contract after applying for parcelling-out shall lose his/her qualification as a partner (Article 11(2)); a partner shall lose his/her qualification as a partner (Article 11(2) / [based on recognition] A1 through
2. Determination as to the claim on the principal lawsuit
A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) approves a management disposition plan.