A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the area of 80,145 square meters in Seongbuk-gu Seoul Metropolitan Government D D, and the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on July 30, 2008; the authorization for the establishment of the association was granted on March 14, 2013; the authorization for the establishment of the association was granted on February 25, 2015; the authorization for the implementation of the project on July 21, 2009; and the authorization for the implementation of the project on February 25, 2015 was granted pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on February 26, 2015.

B. Defendant B occupies and uses each of the above buildings as owners of the buildings listed in the attached Table No. 2, and Defendant C, as owners of the buildings listed in the attached Table No. 5.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. When the determination of the management and disposal plan regarding the cause of the claim is publicly announced, a right holder, such as the owner, superficies, leaseer, 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 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts of recognition, the Defendants are obliged to deliver the said real estate to the Plaintiff, since they occupy the real estate located within

B. The Defendants’ assertion may not respond to the Plaintiff’s claim prior to the expropriation ruling and the payment of compensation. However, in the event that the executor of the housing redevelopment project deposited the compensation for losses as prescribed by the expropriation ruling by the competent Land Tribunal, it shall be deemed that the compensation for losses under the Public Works Act under Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions has been completed (see Supreme Court Decision 2012Da40097, Aug. 22, 2013).