A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under 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 Seocho-gu Seoul Metropolitan Government.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on the 28th of the same month.

C. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is located in the Plaintiff’s project implementation district, and the Defendants, as a lessee, possess specific parts of the instant real estate as indicated in the separate sheet.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1-5, 7 (including a branch number), the purport of the whole pleadings]

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, which cause a claim, provides that when a public announcement of a management and disposal plan is made, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 86 of the Act on the Maintenance and Improvement of Urban Areas. As seen earlier, as long as the public announcement of a management and disposal plan for the plaintiff is made, the plaintiff, who is the project implementer, may implement the project by removing buildings within the rearrangement zone, etc.

Therefore, the Defendants are obligated to deliver to the Plaintiff the occupied portion of the instant real estate, barring special circumstances.

3. Determination of the Defendants’ assertion - All of the appeals are rejected.

A. The Defendants, such as the validity of the approval plan for the management and disposal plan, are subject to the approval of the project implementation plan.