2. The costs of lawsuit are assessed against the Defendants.

3.

A. 1) In order to implement a housing reconstruction improvement project with a size of 36,243.80 square meters as an improvement zone in Yongsan-gu, Changwon-si, Changwon-si, the Plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) On September 29, 2017, the original city approved the Plaintiff’s management and disposition plan and publicly notified it.

3) The real estate indicated in the separate sheet is located within the rearrangement zone of the Plaintiff. Defendant B is the owner of the real estate listed in the separate sheet, who consented to the Plaintiff’s establishment, and applies for parcelling-out within the application period set by the Plaintiff, and reflects the details of the Plaintiff’s management and disposal plan. Defendant C is the largest of Defendant B, and Defendant D is the father of the Defendant B. The Defendants occupy the real estate listed in the separate sheet. [In the absence of dispute over the grounds for recognition, the entry in the separate sheet Nos. 1 and 10, and the purport

B. Determination 1) The main text of Article 81(1) of the Urban Improvement Act provides, “When the authorization of the management and disposal plan is publicly notified, the owners, superficies, persons having rights to lease on a deposit basis, lease on a deposit basis, etc. of the previous land or building shall not use or profit from the previous land or building until the date the transfer is publicly notified under Article 86.” Thus, when the authorization of the management and disposal plan is publicly notified, the use of or profit from the former land or building by the right holders, such as owners, superficies, persons having rights to lease on a deposit basis, etc., shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or profit from the real estate stated in

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