2. The costs of lawsuit shall be borne by each person;

3...

A. The Plaintiff is the Housing Redevelopment and Improvement Project 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 redevelopment project in the area of 19-19 square meters which is a rearrangement zone with the area of 87,883 square meters in the area of 19-19, Magwon-si, Changwon-si.

B. The Plaintiff received the authorization to implement the project on June 27, 2014 from the original market, and the authorization to implement the project on June 19, 2015, respectively, and the authorization to implement the management and disposal plan on June 19, 2015, and the original market was publicly notified on June 19, 2015.

C. The non-party Changwon-si is the owner of a building indicated in the attached list (hereinafter “instant building”) located in the rearrangement zone and completed the application for parcelling-out, and the defendant is the possessor of the instant building as the lessee of the instant building.

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27,

Therefore, the defendant whose use or profit is suspended as the lessee according to the notification of the above management and disposal plan is obligated to leave the building in this case to the plaintiff who acquired the right to use or profit as the project implementer.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.