A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a housing redevelopment project association which obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 for the purpose of housing redevelopment project (hereinafter “instant project”).

B. On June 18, 2012, the Plaintiff received the authorization for project implementation and the public notice thereof from the Suwon Market, and the authorization for project implementation and the public notice thereof on June 8, 2018.

C. The Defendants occupy the said real estate as the owner or lessee of each of the pertinent real estate stated in Section B of the “Indication of the Real Estate to be delivered to each Defendant.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6 (including virtual number), the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, a person holding a right, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date the transfer is publicly announced under Article 86.” Therefore, when the disposition of a management and disposal plan is publicly announced, the former owner, etc.’s use or benefit from the subject matter shall be suspended. Therefore, the project implementer is entitled to use or benefit from the subject matter without any separate expropriation or use procedure (see, e.g., Supreme Court Decisions 2009Da28394, Nov. 24, 201; 2017Da289712, May 15, 2018). As seen in the attached Table, the management and disposal plan concerning the project of this case is to be delivered to the Plaintiff.”

B. Determination 1 on the Defendants’ assertion is that land for public works applied mutatis mutandis by the Plaintiff pursuant to the Urban Improvement Act.