All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Facts of recognition

Plaintiff

The association is an urban environment improvement association which has obtained authorization for the establishment of an association from the head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Mapo-gu") on December 1, 2008 to implement an urban environment improvement project (hereinafter referred to as the "instant project") under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") in the area of 16,857 square meters in Mapo-gu Seoul Metropolitan Government.

J and its wife, Defendant E, each of the real estate in the separate sheet (hereinafter “instant real estate”) and its site located in the instant project zone, are owned by one half of each of the owners, and Defendant D and H are children of J and Defendant E.

On July 7, 2015, the head of Mapo-gu approved the management and disposal plan concerning the project in this case, and publicly notified the said authorization on July 9, 2015.

On the other hand, the J died on January 14, 2016, and the Defendants, the inheritor, succeeded to the property rights and obligations of the J.

[Ground of recognition] The evidence No. 1-2, evidence No. 3-1, evidence No. 1-2, evidence No. 3-4, evidence No. 9-4, and the main text of Article 49(6) of the Act on the Establishment of Urban Improvement of Real Estate for the purport of the whole pleadings provides that "when a management and disposition plan is authorized and announced publicly, the owner of the previous land or building and the right holder such as the lessee shall not use or benefit from the previous land or building until the date the transfer is announced in accordance with Article 54." If the approval of the management and disposition plan is announced publicly, the former owner of the previous land or building shall be prohibited from using or benefit from the previous land or building until the date of the public announcement of transfer under Article 54, and thus, the project operator can use or benefit from the land without any separate expropriation or use procedure for the object (see Supreme Court Decision 2011Da85352, Dec. 26, 2013).