1. The Plaintiff, the Defendant B, and the Defendant C, the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

1. Basic facts

A. On March 20, 2009, the Plaintiff is a housing redevelopment project association, the establishment of which has been approved by the head of Seongbuk-gu Seoul Metropolitan Government Office on March 20, 2009 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The Plaintiff is a housing redevelopment project association, the establishment of which has been approved on January 7, 2016.

B. Defendant B is the real estate listed in the attached list No. 1, and Defendant C is each lessee and possessor of the real estate listed in the attached list No. 2, and each of the above real estate is within the project implementation district.

C. On January 10, 2013, the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant project implementation authorization”) announced the project implementation authorization for the Plaintiff on January 10, 2013 (hereinafter “instant project implementation authorization”); on January 17, 2013; on November 26, 2015, the project implementation authorization was publicly notified; on September 12, 2016, the management and disposition plan was authorized (hereinafter “instant management and disposition plan”); and on September 19, 2016, the head of Seongbuk-gu publicly notified the project implementation authorization.

On the other hand, on November 25, 2016, the Seoul Special Metropolitan City Land Tribunal set the commencement date of expropriation on January 13, 2017 for the plaintiff's improvement project.

The ruling of acceptance of each real estate, etc. described in the subsection (hereinafter referred to as “instant acceptance ruling”) was made.

On January 19, 2017, the Plaintiff completed the registration of transfer of ownership based on the expropriation on January 13, 2017 with respect to the real estate listed in the separate list.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including additional entry), the purport of whole pleadings

2. Determination

A. When a public announcement of a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made to determine the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da536