1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project on August 25, 2009 for the purpose of housing redevelopment project (hereinafter “instant project”) with the area of project district of 126,830 square meters in Suwon-si, Suwon-si D. The Plaintiff is a project implementer of the said project.

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendants are the owners of each of the relevant real estate specified in Paragraph 2 of the "Indication of the real estate to be delivered to each Defendant" in the attached Table located within the instant project zone (hereinafter "each of the instant real estate"), who did not apply for parcelling-out within the period of application for parcelling-out.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, evidence No. 3-1 and 2, and the purport of the whole pleadings

2. Determination

A. 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim

() The main text of Article 81(1) provides that “If a public notice of the approval plan for the management and disposal of a previous parcel of land or building is given under Article 78(4), any right holder, such as the owner, superficies, leasee, etc. of the previous parcel of land or building, shall not use or profit from the previous parcel of land or building until the date of the public notice of transfer under Article 86.” Therefore, when the approval plan for the management and disposal of an object is publicly notified, the use or profit-making of the previous owner, etc. of the object shall be suspended. Therefore, the project implementer is entitled to use or profit-making without any separate procedure for expropriation or use of the object (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).”