1. The Plaintiff:

(a) Defendant B shall have the fourth floor of the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of a housing redevelopment improvement project (hereinafter “instant project”) whose business area covers approximately approximately KRW 75,338 square meters in Bupyeong-gu, Incheon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and each real estate listed in the attached list is located within the instant project area.

B. On April 10, 2019, the Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and publicly notified the management and disposal plan on the same day.

C. Defendant B is the 4th floor of real estate indicated in the attached Table 1; Defendant C is each lessee of a part of 25 square meters of real estate indicated in the attached Table 1 drawings among the 1st floor of real estate listed in the attached Table 2 attached hereto, which connects each point of (A) of the items indicated in the attached Table 1 drawings among the 1st floor of real estate listed in the attached Table 2 attached hereto; Defendant D is the owner of the real estate listed in the attached Table 3, and the Defendants occupy the pertinent real estate as of the date of closing the argument

The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Incheon Metropolitan City, and deposited KRW 322,006,290 on November 11, 2019 for Defendant D according to the said adjudication of acceptance by the Committee, and thereafter, paid KRW 22,476,250 in total with settlement funds, housing relocation expenses, and directors’ expenses.

[Reasons for Recognition] Defendant B, C: The fact that there is no dispute between Defendant D and Defendant D, Gap evidence Nos. 1 through 4, 6 and 7, and the purport of the whole pleadings

2. Determination

A. Article 81(1) main sentence of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, leaseer, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).” Article 81(2) of the same Act provides that “the project implementer shall not use or benefit from the previous land or building by the date of public announcement of transfer under Article 86.”