1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in Seocho-gu Seoul Metropolitan Government.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on December 28, 2017.

C. The real estate listed in the attached list is located in the Plaintiff’s project implementation district, and the lawsuit against the Defendant, D, E, and E was finalized by the decision of this court’s recommendation for reconciliation.

As the heir of the deceased B, the tenant of the above building, the current possession of the above real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that when a public announcement of a management and disposal plan is made, 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 86 of the Act on the Maintenance and Improvement of Urban Areas. As seen earlier, as long as the public announcement of the management and disposal plan for the Plaintiff is made, the Plaintiff, the project developer, may undertake the project by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of land or

Therefore, barring any special circumstance, the Defendant is obligated to deliver the pertinent building currently possessed by the Plaintiff to the Plaintiff.

3. Judgment on the defendant's assertion

A. Violation of the procedure, such as prior consultation, is subject to the approval of the project implementation plan by the head of Seocho-gu Seoul Metropolitan Government.