A. The Plaintiff is a housing reconstruction and improvement project association established with authorization from the head of Bupyeong-gu Incheon Metropolitan City in order to implement a housing reconstruction and improvement project (hereinafter “instant project”) that designates the Bupyeong-gu Incheon Metropolitan City D D D as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

On December 30, 2015, the Plaintiff received a management and disposal plan for the instant project from the head of Bupyeong-gu Incheon Metropolitan City, and the management and disposal plan was publicly announced on the same day.

B. The building listed in the attached list No. 1 (hereinafter “1 building”) is owned by E, and Defendant B leased and occupied it, and the building listed in paragraph 2 (2) (hereinafter “2 building”) is owned by F, and Defendant C leased and occupied it.

Each of the above buildings is located within the project area of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 6-4 and 8, the purport of the whole pleadings

2. Determination on Defendant B’s main defense

A. The gist of the assertion was that the Plaintiff performed the procedures for ownership transfer registration and requested for extradition of one building against E, and the decision of recommending reconciliation was finalized regarding the said case.

The defendant B occupies the above building after being transferred from E.

Therefore, since the above decision of recommending reconciliation also remains effective against Defendant B, the plaintiff's lawsuit of this case against Defendant B is unlawful.

B. Comprehensively taking account of the evidence Nos. 1-2 and 3-2 and the purport of the entire pleadings, the Plaintiff is entitled to receive the remainder of the money obtained by deducting the amount of secured debt provided by the right to collateral security provided by the Plaintiff from the value of the building, which was the subject of cash settlement by exercising the right to purchase one building on the premise that E is a person subject to cash settlement, and thereby filing a lawsuit seeking the implementation and delivery of the procedure for ownership transfer registration.