A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project on August 25, 2009 for the purpose of a housing redevelopment project with the housing redevelopment project district of the F 126,830 square meters in Suwon-si, Suwon-si as the project district (hereinafter “instant project”).

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendants leased and possess each of the pertinent real estate listed in paragraph (2) of the “Indication of the Real Estate to be delivered to each Defendant” in the attached Table located within the instant business zone (hereinafter “each of the instant real estate”).

[Reasons for Recognition] Defendant B, D, and E: Each entry in Gap evidence Nos. 1, 2, 4, 5, 6, and Gap evidence No. 3-1, and the purport of the whole pleadings

2. Determination

A. As to the cause of claim, the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “the owner, superficies, leasee, right holder, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4).” Therefore, if the approval of the management and disposal plan is publicly notified, the former owner, etc. shall be suspended from using or benefit from the previous land or building until the date of the public announcement of transfer under Article 86. Therefore, the project implementer shall be able to use or benefit from the property without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018). In light of the above facts, the Suwon market rendered the approval of the management and disposal plan for the project of this case against the Plaintiff, who is the project implementer of this case, on June