A. The Plaintiff is a reconstruction business cooperative aimed at implementing a reconstruction project for Yangcheon-gu Seoul Metropolitan Government D and E members (hereinafter “instant project”). The Defendants are tenants possessing each real estate listed in the attached Table in the instant project zone.

B. On February 14, 2018, the head of Yangcheon-gu Seoul Metropolitan Government announced the management and disposal plan under Article 74 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings

2. The main text of Article 81(1) of the Act on the Determination of Urban Improvement provides, “When the authorization of a management and disposal plan is publicly announced, the owners, superficies, persons having rights to lease on a deposit basis, lease on a deposit basis, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of a management and disposal plan is made, the use or profit of the right holders, such as owners, persons having rights to lease on a deposit basis, and persons having rights to lease on a deposit basis, shall be suspended, and the project operator may use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts, the Defendants whose use or benefit has been suspended following

Although Defendant B asserted to the effect that the compensation under the Seoul City Compensation Rules is sought, there is no evidence to acknowledge the existence of the binding compensation rules applicable to this case, and in the case of reconstruction improvement project, unlike redevelopment improvement project, compensation or relocation measures under the Urban Improvement Act are currently available.