The Defendants are the Defendants’ real estate indicated in Section B of “Indication of Real Estate to be Delivered” in the attached Table to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the instant project”) to implement a housing redevelopment and rearrangement project (hereinafter “the instant project”) using the total area of 68,381 square meters in Daegu Northern-gu E-gu as a project implementation district (hereinafter “the instant project implementation district”) and obtained authorization for the establishment from the head of the Gu of Daegu Metropolitan City (hereinafter “the head of North Korea-gu”) on January 7, 2014, and completed the registration of incorporation on January 28, 2014.

B. On June 3, 2019, the head of the North Korean territory approved the management and disposition plan concerning the instant project, and publicly notified the said authorization on June 10, 2019.

C. The Defendants occupy each real estate listed in Section B of the “Indication of the Real Estate to be Delivered” in the attached Table B located within the project implementation district of the instant case (hereinafter “each of the instant real estate”).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1-5 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the main text of Article 81(1) and each provision of Article 81(2) of the Act on the Determination of the Grounds for Claims, when the authorization of a management and disposal plan is publicly announced pursuant to Article 78(4) of the Act, the use and profit-making of the owners of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, the Plaintiff’s notice of the authorization of the management and disposal plan was given, and the Defendants are obliged to deliver each of the instant real estate to the Plaintiff,

B. Defendant B, after the approval of the management and disposition plan, leased the building to F, and the Plaintiff, who implemented the instant project, confirmed whether the lessee is the tenant and paid a compensation to F, thereby preventing the occurrence of the victim.