2. Determination

(a) Against Defendant B, D, and E: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);

B. (1) According to the overall purport of the statements and arguments as to the evidence Nos. 1 through 3 as to the establishment of the duty to deliver a building to Defendant C, the facts constituting the grounds for the attachment can be acknowledged. Defendant C may not use or benefit from the fourth floor among the buildings listed in the attached Table No. 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant fourth floor house”) pursuant to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement

Therefore, barring special circumstances, the Plaintiff, implementing the rearrangement project, has the duty to deliver the instant fourth floor housing to the Plaintiff.

(2) As to Defendant C’s assertion and determination, Defendant C is the tenant who leased and resides in the instant 4th floor in the instant improvement zone prior to the date of public announcement of the urban renewal acceleration plan, public inspection, and public inspection. Under Article 40(1) of the Urban Improvement Act, Article 44-2 of the Enforcement Decree of the same Act, and Article 9-2(3) of the Enforcement Rule of the same Act, Defendant C is entitled to receive the housing relocation cost of KRW 13,658,324 and the movable property transfer cost of KRW 1,306,271, and thus, Defendant C cannot deliver the instant 4th floor before being paid

Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that "the owner, etc. of a parcel of land or structure shall not use the previous parcel of land or structure until the date of the public announcement of the relocation of Article 54." However, the proviso of the same Article provides that "the same shall not apply to cases where a project operator's consent is obtained or compensation for losses is not completed under Article 40 or Public Works Act." Thus, in order for a cooperative to use the parcel of land or structure within the project area, the procedure for compensation for losses shall be completed, and therefore, consultation on liquidation amount shall be