1. The Plaintiff, Defendant B, and Defendant C, listed in attached Table No. 12, and Defendant C, listed in attached Table No. 16.

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on February 21, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 116,66.10 square meters in the Dong-si, Ansan-si. The Plaintiff obtained authorization for the implementation of a housing redevelopment project on January 15, 2016 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of the housing redevelopment project on February 27, 2017, and was publicly notified of the management and disposal plan on the same day.

B. The Defendants possess each of the relevant real estate listed in the separate sheet within the instant redevelopment project zone.

[Ground of Recognition] Defendant B: A without dispute, each entry in Gap evidence 1 through 5 (including a branch number), the purport of the whole pleadings, defendant C, and D: Judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination on the cause of the claim

A. The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of a management and disposition plan is publicly announced, a 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 announcement of transfer under Article 86.” Thus, when the public announcement of a management and disposition plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants whose use or profit has been suspended under the public announcement of the authorization of the management and disposition

B. Article 23(3) of the Constitution of the Republic of Korea provides that the acceptance, use, restriction, and compensation of the right to property shall be governed by Act, but is justified.