1. The Plaintiff and the Defendant B deliver the building indicated in the attached list, and the Defendant C is on the second floor of the building indicated in the attached list.

1. Facts of recognition;

A. The Plaintiff Cooperative is a housing redevelopment and rearrangement project partnership with the area of project district of 43,872 square meters in Seo-gu Busan, Seo-gu, Busan. Defendant B is the owner of the building in the attached list located in the said project district (hereinafter “instant building”). Defendant C is the occupant of the second floor of the instant building.

B. The head of the Seo-gu Busan Metropolitan Government: (a) in relation to the maintenance and improvement project of the Plaintiff Union, the head of the Gu issued a project implementation authorization on January 9, 2013; (b) on September 12, 2014; (c) on March 18, 2015; and (d) on February 26, 2016; and (c) on March 2, 2016, publicly notified the amendment of the management and disposal plan.

[Ground of recognition] Plaintiff Union and Defendant B: The non-contentious facts, Gap evidence 1, 2, 3, Eul evidence 4, and 6, the purport of the whole pleadings, and between Plaintiff Union and Defendant C: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant B and the defendant C, the possessor of the second floor of the building of this case, who is the owner of the building of this case, cannot use and benefit from the above management and disposal plan according to the public notice of the modification of the above management and disposal plan pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the plaintiff C, the possessor of the second floor of the building of this case, acquired the right to use and benefit from the above. As the plaintiff Union acquired the right to benefit,

B. Defendant B’s defense defenses to the effect that the Plaintiff Union could not comply with the Plaintiff Union’s request for extradition since the Plaintiff Union did not complete the compensation for loss to Defendant B, who is a person subject to cash settlement. As such, comprehensively taking account of the overall purport of the pleadings, the Plaintiff Union filed an application for adjudication on expropriation of the instant building with the Busan Metropolitan City Regional Land Expropriation Committee on April 21, 2016, and the said Committee on June 20, 2016.