2. The costs of the lawsuit are assessed against the defendant.

3...

A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the scale of 116,66.10 square meters in the Gu, Ansan-si. The Plaintiff obtained authorization for the implementation of a housing redevelopment project on January 15, 2016 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on February 27, 2017, and was publicly notified of the management and disposal plan on the same day.

나. 피고는 D으로부터 이 사건 재개발 구역 내에 있는 별지 목록 기재 부동산 중 2층 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 순차로 연결한 선내 202호 부분 30.75㎡(이하 ‘이 사건 건물’이라 한다)를 임차하여, 현재 위 건물을 점유하고 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Urban Improvement Act, when a management and disposal plan for a redevelopment project is authorized and announced, the owner, superficies, person having a right to lease on a deposit basis, lease on a deposit basis, etc. of the previous land or structure shall not use or profit from the previous land or structure without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Urban Improvement Act. Thus, Article 1 of the Urban Improvement Act, measures, etc. for implementing a rearrangement project under Articles 36 through 45 of the Urban Improvement Act, and Article 47 of the Urban Improvement Act imposes a project operator on the owner of the land, etc. excluded from the object of parcelling-out in cash, while Article 48 of the Urban Improvement Act imposes a duty to liquidate in cash on the owner of the land, etc. who is excluded from the object of parcelling-out