A. The plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Project") to implement the housing reconstruction improvement project (hereinafter referred to as the "maintenance Project in this case") in the Incheon E Zone (hereinafter referred to as the "Adjustment Zone").

B. On April 5, 2006, the Plaintiff obtained authorization for the establishment of a project from the astronomical mayor, and obtained authorization for the implementation plan on October 5, 2007, and obtained authorization for the implementation plan on March 15, 2017, and obtained approval for the implementation plan on December 11, 2017, and was publicly notified on December 11, 2017.

C. Defendant B and D leased each corresponding part of the attached real estate list in the rearrangement zone in this case, and Defendant C occupies the pertinent part by granting a loan for use.

【Ground for Recognition】 Each entry of Gap 1 to 3 evidence (including each number) without dispute

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, lessee, etc. of the previous land or building, cannot use or profit from the previous land or building when the approval of the management and disposal plan under Article 78(3) of the same Act is publicly notified. Thus, according to the above recognition, the Defendants are obligated to deliver each of the parts indicated in the order to the Plaintiff, the implementer of the instant rearrangement project,

3. Determination as to each argument by Defendant B and D

A. Defendant B asserts that even though the Plaintiff was also the Lessee, Defendant B could not respond to the Plaintiff’s claim unless the Plaintiff did not make adequate compensation to the Defendant B, the Lessee, in spite of the Plaintiff’s declaration of right.

Defendant D is currently in business as a tenant, and from the standpoint of the entrepreneur, at least 350,000 won business compensation and 50,000 won of equipment director expenses will be transferred.