A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the housing redevelopment and rearrangement project district of which the Seoul Seodaemun-gu Seoul Western-gu 48,085 square meters is a project implementation district.

B. The Plaintiff was authorized to establish an association on July 29, 2009; the authorization to implement the project on December 5, 2012; and the authorization to implement the management and disposal plan on January 18, 2016 (hereinafter “the authorization to implement the instant management and disposal plan”); and the head of Seodaemun-gu Seoul Metropolitan Government announced the management and disposal plan on January 18, 2016.

C. All of the real estate listed in the separate sheet are located within the implementation zone of the instant improvement project; Defendant B owned the real estate listed in the separate sheet No. 1; Defendant C owned the real estate listed in the separate sheet No. 2 and 3; and Defendant D owned the real estate listed in the separate sheet No. 4 and 5; the Defendants did not apply for parcelling-out but did not file an application for parcelling-out with the Plaintiff, and possessed each of the above real estate as of the closing date

In addition, Defendant B leased and occupied three floors of the real estate listed in the attached Table 3.

[Reasons for Recognition] Defendant B and C: A without any dispute, and Defendant D with each of the evidence Nos. 1, 2, and 4: Decision by deeming confession (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

2. When a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the cause of the claim is publicly notified, the use of and profit from the right holders, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended pursuant to the main sentence of Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). As to the instant case, the Health Center and the head of Seodaemun-gu Seoul Metropolitan Government publicly notified the management and disposal plan concerning the instant rearrangement project on January 18,