1. The Plaintiff:

A. Defendant B’s real estate listed in the separate sheet No. 1;

B. Defendant C shall be listed in the separate sheet (2).

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association whose rearrangement project area covers the Seodaemun-gu Seoul Metropolitan Government E.

B. The head of Seodaemun-gu Seoul Metropolitan Government: (a) authorized the Plaintiff to establish an association on July 20, 2009; (b) authorized the implementation of the project on July 18, 2012; and (c) announced the management and disposal plan on September 1, 2015; and (d) announced the management and disposal plan on September 9, 2015.

(c) Each real estate listed in the separate sheet is located within the implementation zone of the above rearrangement project.

Defendant C is each owner of the real estate listed in the list of attached Form C(2) and Defendant D is a person subject to cash settlement under Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because he/she did not apply for parcelling-out within the period of application for parcelling-out, and he/she occupies each relevant real estate, and Defendant B occupies it as a lessee of the real estate listed

E. The Plaintiff filed an application for adjudication on expropriation of each real estate listed in the separate sheet (2) and (8) after the public notice on authorization of the management and disposal plan, and the Seoul Special Metropolitan City Regional Land Tribunal decided on December 18, 2015 to expropriate on February 5, 2016. The Plaintiff deposited the compensation for losses set forth in the above adjudication on expropriation for Defendant C and D, the owner of each real estate, prior to the date of commencement of expropriation.

[Ground of recognition] Defendant B: The fact that there is no dispute over Defendant C and D by service by public notice (Article 208(3)3 of the Civil Procedure Act), each entry in Gap evidence 1 through 9 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. Where the judgment on the cause of the claim is examined, and the management and disposal plan is approved under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the owner, lessee, etc. of the previous land or building cannot use and benefit from each real estate (Article 49(6) main sentence, (3), and Article 54 of the above Act). According to the above facts, the defendants lose their right to use and benefit from each of the relevant real estate and are the project implementer.