1.For the plaintiff: (a)

Defendant B, among the buildings listed in paragraph (1) of the attached list of the buildings, shall be as follows: 1. 2. c., 3. 4. 5.

1. Facts of recognition;

A. On February 8, 2017, the Plaintiff established a project implementation plan after obtaining authorization from the head of Yeongdeungpo-gu Office to implement a street-unit housing rearrangement project belonging to a small-scale housing rearrangement project with respect to the 3,356-2 square meters wide (hereinafter “instant project implementation plan”).

B. After that, the Plaintiff obtained the approval of the project implementation plan from the head of Yeongdeungpo-gu Office on January 1, 2019, and the approval of the project implementation plan on November 7, 2019 was publicly announced.

C. The Defendants leased and used part of each of the buildings listed in the separate sheet located in the project implementation district of the instant case (hereinafter “each of the instant items of possession”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, the purport of the whole pleadings

2. Determination:

A. The main text of Article 37(1) of the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing Units (hereinafter “Small-Scale Housing Maintenance Act”) provides that “When a project implementation plan is approved, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building by the date of public announcement of transfer under Article 40.”

According to these regulations, if a project implementation plan for the implementation of a small-scale housing rearrangement project is approved and announced publicly, the lessee of the land or building in the project implementation district shall no longer use the land or building, and the project implementer shall have the right to use and profit from it.

According to the aforementioned facts, the head of Yeongdeungpo-gu announced the approval of the project implementation plan on November 7, 2019, and the Plaintiff, the project implementer, acquired the right to use and benefit from each of the buildings listed in the separate sheet of the building, which is the building in the project implementation district of this case, while the Defendants lost their right to use and benefit from each of the respective possession areas of this case.