1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On January 30, 2007, the Plaintiff is a housing redevelopment and consolidation project partnership with the establishment of an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is approved by the head of Busan Metropolitan City head of the Gu from Busan Metropolitan City as the project implementation district by making the area of 28,579 square meters and

B. The head of Busan Busan District Government authorized the management and disposition plan on June 28, 2018 for the Plaintiff, and announced it on July 4, 2018.

C. D and E are co-owners of each 1/2 share of the real estate listed in the separate sheet (hereinafter “instant real estate”), and the said real estate is located within the business area of the said rearrangement project.

The Defendant leased and resided in the instant real estate from D and E until now.

E. D and E agreed to establish an establishment on June 22, 2017, and applied for parcelling-out within the period for application for parcelling-out set by the Plaintiff and became an association member of the Plaintiff.

E has appointed D as a representative partner on the same day.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that when a right holder, such as the owner, superficies, person having a right to the previous land or building, a person having a right to lease and a lessee, etc., makes a public announcement of the authorization of a management and disposal plan under Article 78(4) of the same Act, he/she shall not use or benefit from the previous land or building until the date of the public announcement

According to the above facts, since the defendant lost the right to use and benefit from the real estate of this case in accordance with the public notice of the approval of the above management and disposal plan, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use

3. As to the defendant's assertion, the defendant is in the process of establishing the plaintiff's promotion committee and association.