1. The plaintiff

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C is a building listed in the attached list.

1. Basic facts

A. The Plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On January 11, 2008, the Plaintiff obtained authorization from the head of Seo-gu Busan Metropolitan City, Seo-gu, Busan, for the establishment of a project area with the area of 43,8721 square meters in Seo-gu. Defendant B is the owner of the building indicated in the attached Form located in the above project area and Defendant C is the lessee of the above building

B. The Plaintiff obtained approval of a project implementation plan from the head of Seo-gu Busan Metropolitan City, and the said project implementation authorization was publicly announced on January 9, 2013.

After March 18, 2015, the Plaintiff obtained approval from the head of the Seo-gu Busan Metropolitan Government Office for the management and disposal plan.

C. The Plaintiff decided to revise the project implementation plan, and the head of Seo-gu Busan Metropolitan City made an amendment to the management and disposal plan on February 26, 2016, and announced it on March 2, 2016.

[Reasons for Recognition] Defendant B: Confession, Defendant C: Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 49(6) of the Urban Improvement Act, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, cannot use or profit from the previous land or building, and the project implementer can use or benefit from the former land or building. Thus, according to the above recognition facts, Defendant B delivers the building attached to the Plaintiff, and Defendant C is obligated to leave the Plaintiff from the first floor of the building.

B. As Defendant C pays too less moving expenses, Defendant C cannot respond to the Plaintiff’s claim before receiving the payment of moving expenses suitable for reality.

Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas provides that when the approval of a management and disposal plan has been publicly announced, any right holder, such as the owner of the previous land or structure, may not use or profit from the previous land or structure, and the proviso thereof.