The Plaintiff, Defendant B, the real estate listed in the attached list No. 1, and Defendant C, the real estate listed in the attached list No. 2.

1. Basic facts

A. The Plaintiff is a housing redevelopment project association approved by the head of Seodaemun-gu Seoul Metropolitan Government on March 27, 2008 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 11,154 square meters in Seodaemun-gu Seoul Metropolitan Government G G 11,154.2 square meters.

Defendant B is a person who occupies the real estate listed in paragraph (1) of the attached list; Defendant C is a real estate listed in paragraph (2) of the attached list; Defendant D is a real estate listed in paragraph (4) of the attached list; Defendant E is a real estate listed in paragraph (9) of the attached list; and Defendant F is a person who occupies the real estate listed in paragraph

B. On April 25, 2011, the Plaintiff obtained authorization of project implementation from the head of the above head of the Gu pursuant to Article 28(1) of the former Act (amended on September 19, 2018), and on February 17, 2020, the Plaintiff received approval of the management and disposal plan from the head of the above head of the Gu and publicly notified it in the Official Gazette around that time.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination:

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, superficies, person having a right to lease, lease, and lessee of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan.

However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.

Examining the above facts in light of the contents of the aforementioned statutes, the Plaintiff can seek delivery of the instant real estate against the Defendant pursuant to the main sentence of Article 81(1) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Losses upon completion of the Plaintiff’s compensation deposit.