1.(a)

Defendant B shall deliver to the Plaintiff the real estate No. 1 listed in attached Table 1.

B. Defendant C is attached to the Plaintiff.

1. Basic facts

A. The Plaintiff is an executor of housing redevelopment improvement project for 219,328 square meters in Bupyeong-gu, Incheon Metropolitan City (hereinafter “instant project implementation district”), which has completed the registration of incorporation on February 3, 2009 with authorization for the establishment of a partnership on February 5, 2009.

B. On July 12, 2016, the Plaintiff received a disposition of approval for the management and disposal plan from the head of the Incheon Bupyeong-gu Office, and the approval disposition was publicly notified on July 13, 2016.

C. Each real estate listed in the separate sheet No. 1 list is located in the project implementation district of this case, Defendant B shall own the real estate listed in the separate sheet No. 1, and Defendant C shall respectively lease and occupy the real estate listed in the separate sheet No. 2.

[Ground of recognition] The plaintiff and defendant B shall be deemed as confessions, without dispute between the plaintiff and defendant C, Gap evidence Nos. 1 through 4, 5-9, 10, 18, and 19, and the purport of the whole pleadings

2. Determination

A. Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “When the head of a Si/Gun approves a management and disposal plan under paragraph (2), he/she shall publicly announce the details thereof in the official bulletin of the relevant local government.” The main sentence of Article 49(6) of the same Act provides that “When a public announcement is made under paragraph (3), a right holder, such as the owner, superficies, lease holder, etc. of the previous land or building, may not use or benefit from the previous land or building until the date of public announcement

If a management and disposition plan is authorized and publicly announced pursuant to these statutory provisions, the former owner's use and profit-making of the subject matter shall be suspended, so the project implementer may use and profit from the subject matter without any separate procedure of expropriation or use (see Supreme Court Decision 2009Da28394, Nov. 24, 201).

On July 12, 2016, the Plaintiff’s health care room for the instant case.