1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established on May 11, 2009 with authorization from the head of Bupyeong-gu Incheon Metropolitan City, in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with approximately approximately KRW 57,977 square meters of land in Bupyeong-gu, Incheon Metropolitan City as a project implementation district.

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is located in the project implementation district of this case.

C. The Plaintiff established a management and disposal plan concerning the instant project and applied for authorization to the head of Bupyeong-gu Incheon Metropolitan City, and the head of Bupyeong-gu Incheon Metropolitan City authorizing the above management and disposal plan on October 4, 2018, and announced it on the same day.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the main sentence of Article 81(1) of the Urban Improvement Act, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of the previous land or structure, shall not use the previous land or structure or profit therefrom until the date of public announcement of transfer under Article 86 of the same Act, and the project implementer shall be able to use it

Therefore, the Defendants whose use and profit-making on each of the instant real estate has been suspended are obligated to deliver each of the instant real estate to the Plaintiff who acquired the right to use and profit.

B. The Defendants asserted that, as a lessee of each of the instant real estate, the Plaintiff cannot respond to the Plaintiff’s claim before receiving the lease deposit, housing relocation expenses, and director expenses.

The evidence presented by the Defendants alone is insufficient to recognize that the Defendants have the right to claim lease deposit, housing relocation expenses, and director expenses as the actual lessee of each of the instant real estate, and there is no other evidence to acknowledge this.

3. If so, the Plaintiff’s claim against the Defendants is reasonable, and all of them are reasonable.