1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

가. 원고는 서울 관악구 L 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014, respectively, and obtained authorization for project implementation under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 17, 2015, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on the same day.

C. The real estate listed in the separate list Nos. 1 to 5 of the real estate list is located within the project implementation district. Defendant B and C are the real estate listed in the separate list No. 1 of the real estate list; Defendant D are the real estate listed in the attached list No. 2 of the real estate list; Defendant E is the real estate listed in the attached list No. 3 of the real estate list; Defendant F, Defendant F, J, and K own the real estate listed in the attached list No. 4 of the real estate list; Defendant H, I, J, and K respectively.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. When a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Act on the Determination of Grounds for Claim, the owner of the previous land or structure shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act, and the project implementer shall be able to use or profit from the former land or structure.

Therefore, barring special circumstances, the Defendants whose use and profit has been suspended pursuant to the public notice of the instant management and disposal plan are obligated to deliver each of their own properties to the Plaintiff who acquired the right to use and profit

B. The proviso of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is an exception to the main sentence of Article 49(6) of the said Act.