1. The Plaintiff, and the Defendant B is the 55.69 square meters and the 7.64 square meters underground among the real estate indicated in the attached Table’s real estate indicated therein, and the Defendant.

1. Basic facts

A. The Plaintiff is a housing reconstruction project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in the area of 33,593 square meters in Dongjak-gu Seoul Metropolitan Government E.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and registered the establishment of the association on the 13th of the same month.

C. On October 23, 2012, the Plaintiff held a general meeting of the management and disposition plan, and received an approval for the management and disposition plan on May 30, 2014, and the said approval for the management and disposition plan is the same.

6. 12. A notice was given.

After October 17, 2014, the Plaintiff obtained an amendment to a management and disposition plan on October 17, 201, which was publicly notified on the 23th of the same month.

Defendant B is the owner of the attached real estate indicated in the instant project implementation district (hereinafter “instant building”), and Defendant C is the fraud of Defendant B, and Defendant B is the 5.69 square meters of the instant building and 7.64 square meters of the underground among the instant buildings, and Defendant D occupies and uses 68.69 square meters of the first floor among the instant buildings.

[Grounds for Recognition: Evidence Nos. 1 and 2, Evidence No. 5-3, and the purport of the whole pleadings]

2. According to the main sentence of Article 49(6) of the Act on the Determination of the Grounds for Claim, when the above management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, superficies, leasee, leasee, etc., loses his/her right to use and benefit from the lease. Therefore, the Defendants are obligated to deliver each part of the pertinent building to the Plaintiff, barring special circumstances.

3. Determination as to Defendant B’s assertion

A. Inasmuch as the head of Dongjak-gu’s action on November 30, 2012 revoked the authorization to establish the Plaintiff on November 30, 2012, the Plaintiff lost the right to request delivery.

(2) The following circumstances, i.e., the Plaintiff immediately after the revocation of the authorization to establish the head of Dongjak-gu Office, which are acknowledged as comprehensively considering the overall purport of the pleadings in each statement No. 14-1 and No. 2.