A. Defendant B: (a) the entire building in attached Form 1(1);

B. Defendant C is among the first floor of the building in attached Form 1(1).

A. On July 27, 2011, the Plaintiff obtained authorization for establishment from the head of Gwangjin-gu Seoul Special Metropolitan City Office for the purpose of implementing a reconstruction project for D members of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant project”). On August 3, 2011, the Plaintiff is a reconstruction project association which completed the registration of establishment on August 3, 201, and the instant management and disposal plan was approved and announced as of October 18, 2017.

나. 피고 B은 이 사건 사업구역 내 소재한 별지1 목록 제1항 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자이고, 피고 C는 위 건물 중 제1도면 표시 ㉠, ㉡, ㉤, ㉣, ㉠의 각 점을 순차로 연결한 선내(가)부분 42.14㎡와 이 사건 사업구역 내 소재한 별지1 목록 제2항 건물 지층을 점유하고 있는 세입자이다

(hereinafter “each occupied part” refers to each occupied part of this case. [The grounds for recognition: the fact that no dispute is raised, each entry in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings]

2. The party's assertion and judgment as to it

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When a right holder, such as the owner of a previous land or building, has announced a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86." According to the above acknowledged facts, the public announcement of the management and disposal plan was made as of October 18, 2017 in the project area including the building in this case, so the Defendants cannot use or benefit from the building in this case or each occupied part in this case. Accordingly, the Defendants are obligated to deliver the building in this case to the Plaintiff, the Defendant B, and the Defendant C to deliver each occupied part in this case.

B. As to the assertion of Defendant C, Defendant C obtained approval of a project implementation plan on the condition that the Plaintiff would take measures such as moving expenses for merchants, and the Plaintiff will receive moving expenses, etc. from the Plaintiff.