A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

A. On September 9, 2008, the Plaintiff is a housing redevelopment project partnership that has obtained authorization for the establishment of a housing redevelopment project pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 18, 2017; hereinafter “Urban Improvement Act”).

B. The head of Seongbuk-gu Seoul Metropolitan Government publicly notified the Plaintiff of the authorization to implement the project on March 20, 2014, and publicly notified the change of the project implementation on October 13, 2015, and on March 31, 2016, the head of Seongbuk-gu publicly notified the authorization of the management and disposal plan (hereinafter “the instant management and disposal plan”).

C. The Defendants are possessed as the owners of each real estate stated in the Disposition No. 1 located in the project implementation district.

On September 5, 2018, the Plaintiff deposited the full amount of land compensation, obstacles compensation, delay additional charges, etc. under the above expropriation ruling by the local Land Tribunal of Seoul Special Metropolitan City on July 27, 2018 on September 5, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making of right holders, such as owners, superficies, persons having chonsegwon, and lessees, of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obliged to deliver each real estate stipulated in Paragraph (1) of the disposition that the Defendants who acquired the right to use and benefit pursuant to the public notice

3. Judgment on the defendants' assertion

A. Defendant B applied for the confirmation of invalidity of a project action plan and its objection, and thus, Defendant B responded to the Plaintiff’s request for extradition until the project action plan results.