A. Defendant B received KRW 10,000,000 from the Plaintiff at the same time.

A. The Plaintiff is a housing reconstruction and improvement project association approved by the head of Yeongdeungpo-gu Seoul Metropolitan Government on April 27, 2010 in order to remove worn-out and inferior structures, etc. in Yeongdeungpo-gu Seoul Metropolitan Government D and reconstruct multi-family housing and ancillary welfare facilities.

B. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) to implement the housing reconstruction rearrangement project from the head of Yeongdeungpo-gu Seoul Metropolitan Government and 271 lots (hereinafter “instant rearrangement zone”), and was subject to the approval of the management and disposal plan on March 22, 2016, and was publicly notified on March 24,

C. The Defendants leased and possessed each corresponding part of the real estate indicated in the separate sheet located in the Plaintiff’s improvement zone.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a public notice of approval of a management and disposal plan is given in an urban rearrangement project, a right holder, such as the owner, lessee, etc. of the previous land or structure, may not use or profit from the land or structure, and the project implementer may use or profit from the land or structure. According to the above facts of recognition, the Defendants are obligated to deliver each of the corresponding parts

3. Judgment on the defendants' assertion

A. (1) The main text of Article 38 and Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act”) is a provision in violation of Article 23(1) and (3) of the Constitution on the Guarantee of Property Rights, as the project implementer permits a project implementer to expropriate a right of lease that has no actual compensation, unlike redevelopment projects. Moreover, Article 38 of the Act on the Acquisition of Land, etc. for Public Works