1. The plaintiff's lawsuit of this case against the defendant C is dismissed.

2. Defendant Incorporated Foundation B shall list the Plaintiff’s attached list.

1. Basic facts

A. The Plaintiff is the Daejeon Dong-gu Housing Redevelopment Project Association established with the area of project implementation of 103,429m2 as Dong-gu, Daejeon as the project implementation district.

B. The Plaintiff obtained authorization to establish an association on April 6, 2015, authorization to implement a project on June 7, 2017, and obtained authorization to implement a project on February 26, 2018 from the head of the Daejeon Metropolitan City Dong-gu, Daejeon Metropolitan City (hereinafter “instant authorization for the management and disposition of this case”), and the head of the Daejeon Metropolitan City Dong-gu on the same day publicly notified.

C. Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) was the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

Among them, the building No. 4 listed in the attached list is an unauthorized building, and the defendant foundation was the disposal authority.

On October 12, 2018, the Plaintiff was adjudicated by the Daejeon Metropolitan City Land Tribunal to expropriate the real estate in the project area including the instant real estate on November 13, 2018. On November 8, 2018, the Plaintiff deposited all the compensation determined by the said adjudication with Defendant Foundation as the depositee.

On November 19, 2018, the registration of ownership transfer was made in the name of the Plaintiff on November 13, 2018 with respect to the instant real estate (excluding the buildings listed in the attached list No. 4).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 6, 13, 14, and 18, and the purport of the whole pleadings

2. As to the legality of the lawsuit of this case against Defendant C

A. The Plaintiff asserted that Defendant C (hereinafter “Defendant C”) is taking advantage of and benefit from the instant real estate and claimed the transfer of the instant real estate against Defendant C.

B. First, we examine Defendant C’s legal capacity ex officio.

Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate party, which recognizes the capacity of a non-corporate party on the premise that it has the substance as an association or foundation and carries out social activities or transactions through its representative or manager.