A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Project Association”) to implement the Housing Redevelopment and Improvement Project Association (hereinafter “instant rearrangement Project”).

B. On September 13, 2016, the Plaintiff obtained authorization of the management and disposal plan for the instant rearrangement project from the Asan City, and the Asan City publicly notified the disposition of the management and disposal plan as the F of the Asan City’s public notice on the same day.

C. Defendant B occupied and used as the owner of Asan City G, H Hasan-si, Hybro reinforced concrete structure slive roof and housing, 121.7 square meters neighborhood living facilities of 121.7 square meters of 2 stories, and 83.1 square meters of 2 stories of 1st floor in the rearrangement zone (hereinafter “instant real estate”). Defendant C is the owner of 86.75 square meters of 1st ground-based land in the rearrangement zone of the instant rearrangement project (hereinafter “instant 2 real estate”), and Defendant D occupied and used the instant real estate as the lessee of the instant 2 real estate.

Defendant B and C did not apply for parcelling-out to the plaintiff within the period of application for parcelling-out.

[Basis] Defendant B and C: A without dispute, Gap evidence Nos. 1, 2, 3-1, Gap evidence Nos. 4 and 5, and the purport of the whole pleadings as a whole, defendant D: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to Article 81(1) main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claim 1 against Defendant B and C, the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building when the approval of the management and disposal plan under the above Act is publicly notified. According to the above recognition, the defendant B, and C, each owner of the 1, 2 real estate located within the rearrangement zone of the rearrangement project of this case.