1.(a)

Defendant B received KRW 15,00,000 from the Plaintiff and at the same time, Section 1 of the attached Table of Real Estate.

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 7, Eul evidence Nos. 1 to 1, and Eul evidence No. 1 and the purport of the whole pleadings:

The Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter referred to as “instant improvement project”) with respect to the size of 80,145 square meters in Seongbuk-gu Seoul Metropolitan Government D D pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of the association on July 30, 2008, the authorization for the establishment of the association on March 14, 2013, the authorization for the establishment of each association on February 25, 2015, respectively, the authorization for the implementation of the project on July 21, 2009, the authorization for the implementation of the project on February 25, 2015, and the authorization for the implementation of the project was publicly notified on February 26, 2015.

B. On November 20, 2013, Defendant B: (a) leased the instant real estate located in the said rearrangement zone as KRW 15 million; (b) monthly rent of KRW 1.5 million; and (c) from November 20, 2013 to November 20, 2014, Defendant B occupied the said real estate and operated a party funeral business.

C. In addition, Defendant C’s order within the above rearrangement zone No. 1-B

After leasing real estate as stated in the paragraph (1) (hereinafter referred to as "second real estate") from F, the above real estate has been occupied until now.

2. Determination. A.

Article 49 (6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) provides that “When a management and disposal plan has been authorized and such public announcement has been made, the owner, lessee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to the case of a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”).”