A. Defendant B’s real estate stated in the annexed sheet,

B. Defendant C shall have the second floor of 72.30 square meters among the real estate indicated in the attached Form.

A. The Plaintiff is an association established with the authorization of establishment from the Busan City Mayor on May 8, 2009 for the A-Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with the size of 40,431.40 square meters in Seocheon-gu, Seocheon-gu, Seocheon-si as a project implementation district.

Defendant B is the owner of the real estate in the attached Form (hereinafter “instant building”) located in the project implementation district of the instant redevelopment project and the Plaintiff’s partner, and Defendant C is the lessee who leased the 72.30 square meters of the instant building among the instant buildings.

B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project on February 26, 2010 from the Bupyeong-si mayor; the authorization to revise the project implementation on July 25, 2013; and the authorization to implement the relevant redevelopment project on May 9, 2016; and the authorization to implement the relevant redevelopment project was publicly notified on May 16, 2016.

C. Defendant B applied for the purchase of multi-family housing constructed as the instant redevelopment project on October 4, 2013. At present, Defendant C occupies and uses the second floor of the instant building, and Defendant B occupies and uses the remainder of the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, since the management and disposal plan of the instant redevelopment project is authorized and publicly announced, the Defendants cannot use or profit from the instant building pursuant to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, and the Plaintiff, who is the project implementer, could use or profit from the instant building, Defendant B is obligated to deliver the instant building to the Plaintiff, and Defendant C is obligated to deliver 72.30 square meters of the instant building to the Plaintiff.

B. As to the Defendants’ assertion, Defendant B is in the position of cash clearing according to whether the Plaintiff entered into a sales contract upon the public notice of the conclusion of the sales contract by the future association articles of association.