The Defendants indicated in paragraph (2) of the “Indication of Real Estate to be delivered to each Defendant” in the attached Table to the Plaintiff.

1.The following facts are not disputed between the Parties:

In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the Plaintiff obtained authorization for establishing an association from the head of the North-gu Metropolitan City (hereinafter referred to as the "head of the North-gu Gu") on January 7, 2014 for the purpose of implementing the housing redevelopment improvement project (hereinafter referred to as the "project of this case") of the size of 68,381 square meters in Daegu-gu, North-gu, Seoul, and obtained the authorization for establishing an association on January 28, 2014 from the head of the North-gu office on June 3, 2019, and the said management and disposal plan was publicly notified on June 10, 2019.

B. The Defendants occupy the pertinent real estate as a lessee of each real estate indicated in the “mark of real estate to be delivered to each Defendant” in the attached Table located within the instant business zone.

2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims provides that "When a right holder, such as the owner, superficies, leaseer, etc. (hereinafter "owner, etc.") of the previous land or building, is notified of a management and disposal plan under Article 78(4), he/she shall not use or profit from the previous land or building until the date of the public notification of transfer under Article 86." In light of the above provisions of the Act, the above facts of recognition, as the lessee of the building within the instant rearrangement project zone, falls under the "owner, etc." of the building under the Urban Improvement Act, which is defined in the Urban Improvement Act, and thus, the Defendants cannot use or benefit from the building possessed by the Defendants under the Urban Improvement Act, and are obligated to deliver

3. Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all participating Justices.