A. Defendant B delivers the real estate listed in Appendix 1 List 1;

B. The defendant C shall list the annexed sheet 1.

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in the Dongjak-gu Seoul Metropolitan Government I.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and completed the registration of incorporation on August 13, 2010.

C. Since then, the Plaintiff received the authorization to implement the project on December 7, 201 from the head of Gangnam-gu and the authorization to implement the management and disposal plan on May 30, 2014, respectively, and the said authorization to implement the management and disposal plan was publicly notified on June 12, 2014.

In addition, on September 1, 2014, the Plaintiff held a general meeting on September 1, 2014 to present and resolve the case of approval for the amendment of the management and disposition plan, and then obtained the authorization for the amendment of the management and disposition plan from the head of Gangnam-gu Office on October 17, 2014, which was publicly notified on October 23, 2014.

On the other hand, the remaining Defendants except Defendant H occupy and use each part of the real estate listed in the separate sheet No. 1 in the Plaintiff’s project implementation district by lending or leasing it (However, Defendant E jointly occupies the real estate leased by Nonparty J, the denying party J). Defendant H, as the owner of the real estate listed in the separate sheet No. 1-g of the disposition No. 1, is possessing and using the relevant part.

[Ground of recognition] Defendant B and C: The facts that the confession is deemed to have been made and the remaining Defendants have no dispute, the entries in Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the above management and disposal plan is publicly announced, the owners, superficies, lease right holders, etc. of the previous land or buildings lose their rights to use and benefit from lease. Therefore, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff, barring special circumstances.

B. As to this, Defendant H asserted that it cannot respond to the Plaintiff’s claim before receiving the sale price of the pertinent real estate.