1. The plaintiff

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government D, as a project implementation district, after obtaining authorization for the implementation of the project on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government. On December 10, 2015, the Plaintiff received an approval for the implementation of the project under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). At that time,

B. The Defendants leased and occupy each of the pertinent parts indicated in the order within the implementation zone of the rearrangement project.

[Ground of recognition] Evidence Nos. 1, 2, 4-2, 5, 5-2, 5, and 6-2 of the evidence Nos. 1, 5, and 5-2, the whole purport of the pleading

2. Determination:

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when the plaintiff filed a claim against the defendants for the name of a building under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a right holder, such as the owner of a previous land or building, a lessee, etc., may not use or profit from the previous land or building, and the project implementer may use or profit from the land or building. Accordingly, according to the above facts acknowledged, the defendants are obligated to deliver each corresponding part of the order to the plaintiff.

B. Defendant B’s defense 1) The above Defendant asserted that it cannot accept the Plaintiff’s claim until receiving the compensation for loss as stipulated in Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents. In addition to the overall purport of the pleadings, the Plaintiff’s assertion that the Plaintiff deposited the Defendant B as a depositee and completed the compensation for loss pursuant to the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents. Thus, the above Defendant’s assertion is without merit. In addition, the above Defendant asserted that, until receiving the compensation for loss as stipulated in Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, the pertinent part of the real estate cannot

For this,