1. The Plaintiff:

A. Defendant B: (a) the real estate listed in Appendix 1 List 1;

B. Defendant C is listed in Appendix 1 List 2.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by using H 162,616 square meters per day in Gwangju-si as a project implementation district.

B. On October 28, 2016, the Plaintiff obtained the authorization of the implementation of the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on October 31, 2016.

Then, on November 9, 2018, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Gwangju Metropolitan City Mayor, and the said authorization was publicly announced on the same day.

C. The Defendants occupy each part of the real estate stated in the Disposition No. 1 (hereinafter “each of the instant real estate”) within the instant rearrangement project zone as the owner.

On August 12, 2019, the Gyeonggi-do Local Land Tribunal decided on September 26, 2019 to expropriate each of the instant real estate for the instant improvement project by determining the commencement date of expropriation as the commencement date of expropriation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 7, 8 (including branch numbers), the purport of the whole pleadings

2. When a management and disposal plan prescribed by the Act on the Determination of the Grounds for Claims is authorized and publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leasee, etc. 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). The Plaintiff’s public notice of the approval of the management and disposal plan regarding the instant rearrangement project is as seen earlier. As such, the Plaintiff acquired the right to use and benefit from

Therefore, barring special circumstances, the Defendants are obligated to deliver each of the instant real estate to the Plaintiff.

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