1. The Plaintiff:

A. Defendant B: The real estate listed in the annexed sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization for the establishment of a project zone with the size of 53,149.50 square meters in Dongdaemun-gu Seoul Metropolitan Government as the project zone.

B. The head of Dongdaemun-gu Seoul Metropolitan Government announced the project implementation authorization on November 5, 2009 with respect to the Plaintiff, the head of Dongdaemun-gu publicly announced the project implementation authorization on August 20, 2015, and publicly announced the project implementation authorization on September 29, 2017, and announced the management and disposal plan on October 12, 2017.

C. The Defendants are tenants who occupy each real estate listed in paragraph (1) of the above project zone as their residence.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. When a public announcement of a management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made with respect to the cause of the claim, the use and profit-making by the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver each real estate stipulated

3. Determination as to Defendant D’s assertion

A. Defendant D asserts to the effect that the above real estate shall not be transferred without mental compensation, inasmuch as the adequate compensation for losses and the contract period remains, such as moving expenses, but the right to residence was infringed.

However, the right to claim compensation such as housing relocation costs is a right in public law which has the nature of money paid on the level of social security, and has a prior performance relationship rather than a duty to deliver real estate.

No one can be deemed as having a simultaneous performance relationship (see, e.g., Supreme Court Decisions 2007Da8129, May 29, 2008; 2013Da40643, May 29, 2008). Such circumstances alone are deemed to have the right to receive mental compensation.