1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Presumption

가. 원고는 서울 관악구 C 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014, respectively, and obtained authorization for project implementation under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 17, 2015, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on the same day.

C. The Defendant leased and resided the first floor of the instant real estate from the owner D of the real estate indicated in the attached list in the said project implementation district (hereinafter “instant real estate”), and D constitutes a person subject to cash settlement.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 4 and 7 evidence, each of the entry, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserts that when a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Urban Improvement Act, the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the Urban Improvement Act, and the project implementer may use or benefit from the former land or structure.

On such premise, the defendant, whose use and profit has been suspended under the authorization and announcement of the instant management and disposal plan, is obligated to deliver to the plaintiff who acquired the right to use and profit from the instant real estate as the project implementer.

(b) When a public announcement is made under paragraph (3), the owner, superficies, leaseer, etc. of the previous land or building shall be subject to the public announcement of transfer under Article 54.