1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff is a housing redevelopment and maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) on the area of 51,526 square meters in Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government.

The head of Mapo-gu Seoul Metropolitan Government announced the approval for the establishment of the Plaintiff on July 18, 2008; the authorization for the implementation of the project on November 25, 2009; the authorization for the implementation of the project on June 22, 201; the authorization for the implementation of the project on May 22, 2013; and the authorization for the management and disposal of the project on May 30, 2013.

The Defendant is a lessee who leases and resides in a building (a) part 3.9 square meters (hereinafter “the instant building part”) which connects each point of the attached Form 1, 2, 3, 6, and 1 among the two floors of the building indicated in the attached Table in the instant rearrangement project zone.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. The plaintiff's assertion and judgment

A. Since the management and disposal plan was authorized and publicly announced on May 30, 2013 for the instant improvement project by the Plaintiff’s assertion, the Defendant is obligated to deliver the instant building portion possessed pursuant to the main sentence of Article 49(6) of the Urban Improvement Act.

B. The main text of Article 49(6) of the Act on the Determination of Urban Improvement provides that “When authorization for and public notice of a management and disposition plan is granted, the owners, superficies, persons having right to the previous land or buildings, persons having right to lease, lease, lease, etc. shall not use or benefit from the previous land or buildings until the date of public notice of relocation under Article 54.” The same is acknowledged as seen earlier as the management and disposition plan was authorized and public notice of May 30, 2013 for the instant rearrangement project.

On the other hand, however, the proviso of the same paragraph requires the project operator's consent or compensation for losses under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Public Works Act").