1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement the housing redevelopment and consolidation project association (hereinafter “instant rearrangement project”).

B. On September 13, 2016, the Plaintiff obtained approval of the management and disposal plan for the instant rearrangement project from the Asan City, and the Asan City publicly notified the management and disposal plan E of the Asan City on the same day.

C. F is the owner of Asan-si C, Busan-si, 148.6 square meters (hereinafter “instant land”) in the rearrangement zone for the instant rearrangement project, and of the 81.48 square meters of the land on the said land (hereinafter “instant housing”), who did not file an application for parcelling-out with the Plaintiff within the period for filing an application for parcelling-out, and the Defendant, as F’s spouse, is residing in the instant housing along with F.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, Gap evidence 4, 5, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claim, the owner, lessee, etc. of the previous land or building may not use or profit from the previous land or building. According to the above fact of recognition, F, the owner, who is the owner of the instant housing in the rearrangement zone of the instant rearrangement project, lost the right to use or benefit from the instant housing and acquired the said right to use or benefit from the Plaintiff as the project implementer, barring any special circumstance, the Defendant is obligated to deliver the instant housing to the Plaintiff, barring special circumstances.

B. The judgment on the defendant's defense is that F, the owner of the land in this case and the house in this case, acquires land, etc. for the Urban Improvement Act and the Public Works Act from the plaintiff.