1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and rearrangement project (the instant reconstruction project) with a project implementation district of not less than 19,070§³ in Seodaemun-gu Seoul, Seodaemun-gu, Seoul as a project implementation district. The Defendants are the lessees who leased and occupy each of the relevant real estate (each of the instant real estate) listed in the attached Table B of “Indication of Real Estate to be delivered to the Defendant” located in the project implementation

B. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was authorized by the head of Seodaemun-gu Seoul Metropolitan Government to implement the project on January 20, 2016, and received the approval of the management and disposal plan on March 20, 2018, respectively, and was publicly notified on March 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Assertion and determination

A. The main text of Article 81(1) of the Urban Improvement Act provides that “Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when a public announcement of an approval plan for the management and disposal of the land is made under Article 78(4).

Inasmuch as a management and disposal plan subject to the project implementation district of this case including each real estate of this case is authorized and publicly announced, the Defendants whose use and profit-making of each real estate of this case has been suspended are obligated to deliver each real estate to the Plaintiff who acquired the right to use and profit

B. As to Defendant B and C’s assertion, Defendant B and C asserted that the above Defendants cannot comply with the Plaintiff’s request for extradition before receiving premium, business loss compensation, housing relocation expenses, director expenses, etc. from the Plaintiff.

However, in the case of reconstruction improvement project, unlike redevelopment improvement project, compensation for losses or relocation measures under the Urban Improvement Act.