A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Seocho-gu Seoul.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and on December 21, 2017, approved the management and disposal plan and announced it on December 28, 2017.

C. The Defendants are currently occupying each of the above buildings as tenants of each of the relevant buildings listed in the separate sheet located in the project implementation district.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination as to the cause of action

A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of the Defendants stipulates that when the approval of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 86 of the same Act. As seen earlier, insofar as the public announcement of approval of a management and disposal plan is made with respect to the Plaintiff, the Plaintiff, a project implementer, may proceed with the project by removing buildings within the rearrangement zone, etc. For this purpose, the right holder of land

Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.

B. As to the Defendants’ assertion, the Defendants’ violation of the procedure, such as prior consultation, etc., first complete the establishment of the prior consultative body before the head of Seocho-gu Seoul Metropolitan Government grants authorization for the implementation of the project and filing an application for authorization for the management