A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction project of Fil-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “instant reconstruction project”).

B. Article 10(1) of the Plaintiff’s articles of association provides for “Duty to remove and move through a project implementation plan” as a member’s duty. Article 35(1) of the same Act provides that “A member who is to remove a house due to a project implementation shall move at his/her own expense during the project implementation,” and Article 35(4) of the same Act provides that “A member shall move from the relevant building within the relocation period determined and notified by the association, and if a tenant or temporary resident exists, he/she shall also leave the building

C. On December 4, 2017, the Plaintiff obtained approval of the management and disposal plan for the instant reconstruction project from the astronomical City Mayor, and the astronomical City Mayor publicly notified the said management and disposal plan G on December 11, 2017.

The Plaintiff set the period of application for parcelling-out from March 30, 2017 to April 28, 2017, and sent a notice of application for parcelling-out to the Defendants on March 27, 2017, and announced the application for parcelling-out on March 28, 2017. The Defendants received the notice of application for parcelling-out around that time, and the Defendants applied for parcelling-out within the said period.

E. Defendant B owned and possessed the real estate listed in paragraph (1) of the attached list in the rearrangement zone of the instant reconstruction project. Defendant C occupies the above real estate, Defendant D owned and occupied the real estate listed in Paragraph (2) of the attached list, and Defendant E owned and occupied the real estate listed in Paragraph (3) of the attached list.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7 (if there are serial numbers, including branch numbers; hereinafter the same shall apply).