A. (1) The Plaintiff is a cooperative established on May 31, 2010 by obtaining authorization for the establishment from the Seocheon-gu Mayor for 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”).

(2) As to the instant redevelopment project, the Plaintiff received an authorization to implement the relevant redevelopment project from the vice-market on February 6, 2017, and the authorization to implement the relevant redevelopment project on May 4, 2018, respectively, and publicly notified the approval to implement the relevant redevelopment project on May 4, 2018.

(3) Of the section for common use of N-si N-si N-si, in the instant redevelopment project improvement zone, the Defendant C is in possession of the buildings listed in paragraph (2) of the attached Table of Real Estate; Defendant E is in possession of the buildings listed in paragraph (3) of the same Table; and Defendant G is in possession of the buildings listed in paragraph (5) of the same

(4) On the other hand, Defendant H, I, J, and K succeeded to the possession of the said building on July 28, 2018 when the network P occupied each building listed in paragraph (4) of the same list.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

B. (1) Determination (1) Since the management and disposal plan of the instant redevelopment project is authorized and publicly announced, the said Defendants were unable to use or profit from each building listed in the separate sheet pursuant to Article 81(1) of the Urban Improvement Act, Defendant C is obligated to deliver each building listed in paragraph (2) of the same Table to the Plaintiff, Defendant E is obligated to deliver each building listed in paragraph (3) of the same Table to Defendant H, I, J, and K, and Defendant G is obligated to deliver each building listed in paragraph (4) of the same Table.

(2) As to this, the said Defendants asserted to the effect that they cannot deliver each of the above buildings until the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is completed as the de facto owner of each of the above buildings.

However, evidence A6 1, 2-2.