1. The Plaintiff:

A. Defendant B: each real estate listed in [Attachment A] List 1 and 2;

B. Defendant C shall set forth in [Attachment A] No. 3.

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant project”) on a scale of 48,085,40 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The Plaintiff obtained authorization to establish the association on July 29, 2009, and completed the establishment registration on August 21, 2009.

The instant project was approved and publicly notified on January 18, 2016.

B. Defendant B is the owner of each real estate (hereinafter “G land” and “G building” in the order of order”) listed in [Attachment 1] List 1 and 2 located within the instant project zone. Defendant C is the owner of each real estate listed in paragraphs 3 through 5. Defendant D is the lessee of each real estate indicated in Attached Form 1, 2, 3, 4, and 1 among the first floor of the real estate listed in paragraph 4. Defendant D is the lessee of the area located within the scope of the association located within the scope of the State, and Defendant E is the owner of the real estate listed in paragraph 6.

C. The Defendants directly or indirectly occupy each of the pertinent real estate listed in the currently annexed Table 1 list.

[Defendant B’s assertion that the owner of G does not occupy the land and the building. (1) As seen earlier, Defendant B, as the owner of the building of G, occupied the land of G regardless of the actual possession of the building or the land of G (see, e.g., Supreme Court Decision 2006Da39157, Jul. 10, 2008). (2) If the entire purport of the pleading is added to the purport of the whole pleading as indicated in Party B’s statement, Defendant B is indirectly occupying the building through H, I, and J, etc., it is acknowledged that the lessee of the building indirectly occupies the building of G through H, I, and J).

2. Determination

A. According to the above facts, the defendants lose their right to use and benefit from each real estate listed in the separate sheet pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Thus, the project implementer of this case is obligated to deliver the pertinent real estate to the plaintiff

B. As to this, Defendant B and C cannot comply with the Plaintiff’s claim until the compensation for losses arising from the said Defendants’ real estate is completed.