1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project on August 25, 2009 for the purpose of a housing redevelopment project with the housing redevelopment project district of the F 126,830 square meters in Suwon-si, Suwon-si as the project district (hereinafter “instant project”).

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendants leased and possess each of the pertinent real estate listed in paragraph (2) of the “Indication of the Real Estate to be delivered to each Defendant” in the attached Table located within the instant business zone (hereinafter “each of the instant real estate”).

[Reasons for Recognition] Defendant B, C: Defendant D, E: Evidence Nos. 1 through 7 (including the number with each number), the purport of the entire pleadings

2. Determination

A. 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim

Article 81(1) main text of Article 81(1) provides that “When a public notice of the approval plan for the management and disposal of the previous land or building is given under Article 78(4), any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public notice of transfer under Article 86.” Therefore, when the approval plan for the management and disposal of an object is publicly notified, the use or profit-making of the previous owner, etc. of the object shall be suspended. Therefore, the project implementer is entitled to use or profit-making without any separate procedure for expropriation or use of the object (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).”