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1. The plaintiff, Ga.
DefendantB shall enter the building in the list of real estate in attached Table 1, and B.
Defendant C shall enter the attached Table 2 in the list of real estate.
Reasons
1. Facts of recognition;
A. On February 26, 2009, the Plaintiff is a housing redevelopment and consolidation project association that obtained approval for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the head of Seongbuk-gu Seoul Metropolitan Government.
B. The Defendants are the owners or occupants of each building listed in the Disposition No. 1 located in the project implementation district.
C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on June 20, 2013; publicly notified the authorization to implement the project on January 22, 2015; and publicly notified the authorization of the management and disposal plan on February 24, 2017 (hereinafter “the instant management and disposal plan”); and publicly notified on March 2, 2017.
On the other hand, on August 25, 2017, the Seoul Special Metropolitan City Local Land Tribunal rendered an adjudication to expropriate each of the above real estate, etc. (hereinafter “instant adjudication on expropriation”) on October 20, 2017 for the Plaintiff’s improvement project.
E. Accordingly, from October 19, 2017 to October 20, 2017, the Plaintiff deposited the full amount of each compensation for losses and additional dues as stipulated in the above confinement ruling with Defendant B, C, D, and H as each deposited person from October 20, 2017, prior to the date of commencement of expropriation.
[Ground of Recognition] Defendant B, C, and H: The absence of dispute, each entry in Party A’s Evidence Nos. 1 through 7 (including branch numbers) and the purport of the entire pleadings, Defendant D, E, F, G, I: Confession (Article 208(3)2 of the Civil Procedure Act)
2. When a public announcement of the approval of the management and disposal plan prescribed in 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), regarding the cause of the claim, is given, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. for the previous land or buildings, is suspended, and the project implementer is able to use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore,