1. The Plaintiff:

A. Defendant B shall have the fourth floor and 8.75 square meters of a rooftop among the buildings listed in the attached Table 1 list;

B. Defendant C shall be attached hereto.

Basic Facts

The Plaintiff is a cooperative established to implement the Dongdaemun-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project, and the management and disposal plan for the said rearrangement project was authorized on September 29, 2017 and announced on October 12, 2017, and the Defendants owned and occupied each real estate listed in paragraph (1) of the order located within the said rearrangement project zone (hereinafter “each real estate of this case”), there is no dispute between the parties.

Defendant B had been aware of the absence of legitimate authority to seek delivery for the purpose of acquiring the title of execution when the Plaintiff’s favorable rights by filing a lawsuit in advance. Defendant B continuously requested that the lawsuit of this case be not proceeded with until the Land Tribunal rendered an adjudication of expropriation. The lawsuit of this case is unlawful as it constitutes abuse of the right of lawsuit.

On September 29, 2017 and October 12, 2017, the fact that the management and disposal plan of the Plaintiff was authorized and publicly announced by the Plaintiff is as mentioned above. The fact that the instant lawsuit was filed on March 13, 2018 is apparent in the record, and the Plaintiff has the right to seek delivery by acquiring the right to use and benefit from the real estate located in the relevant rearrangement project zone in accordance with the public notice of approval of the management and disposal plan. Thus, the instant lawsuit filed based on the said right cannot be deemed as an abuse of the right of lawsuit.

In addition, even if the plaintiff requested not to proceed with the litigation on the ground of the adjudication of expropriation, it is merely a defense that the defendant had no compensation for expropriation, and it is merely an abuse of the right to appeal.

Defendant B’s defense is without merit.

According to the facts acknowledged earlier, the Defendants are entitled to each of the instant real estate in accordance with the public notice of approval of the above management and disposal plan, unless there are special circumstances.