A. Defendant B received KRW 110,000,000 from the Plaintiff and simultaneously entered in the separate sheet No. 1.

A. On March 22, 2012, the Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval from the head of Gangnam-gu Seoul Metropolitan Government to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 60,263 square meters as the project implementation district.

B. Defendant B is the real estate listed in the separate sheet No. 1; Defendant E is the tenant and the occupant of the real estate listed in the separate sheet No. 2; Defendant F is the tenant and the occupant of the real estate listed in the separate sheet No. 3; Defendant C occupies and uses the real estate listed in the separate sheet No. 1 together with the above Defendant B’s mother; and each of the above real estate is located

C. The head of Gangnam-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation authorization on December 20, 2013; the project implementation authorization on May 27, 2016; and the authorization on the management and disposal plan on December 29, 2017 (hereinafter “the instant management and disposal plan”); and the announcement on January 12, 2018.

[Reasons for Recognition]

(a) Defendant B and C: Facts without any dispute, Gap evidence 1 through 4, evidence 5-7, 10, and 14, and the purport of the whole pleadings;

(b) Defendant E: Confession (Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) of the Civil Procedure Act);

(c) Defendant F: Service by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination

A. When a public announcement of an administrative disposition plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made to determine the cause of the claim, the use and profit-making by the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use and profit in accordance with the public notice of the administrative disposition plan of this case,

B. As to the defendant B and C's defense