1. The Defendants’ real estate stated in each column of the “real estate to be delivered to each Defendant” attached to the Plaintiff, respectively.

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association under Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 16, 2009, designating the Bupyeong-gu Incheon Bupyeong-gu E Group as a project implementation district.

나. 피고 B은 원고의 사업시행구역 내에 있는 별지 표 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자, 피고 D은 위 건물 1층 중 북쪽 부분 호실(별지 도면 표시 7, 6, 5, 4, 7의 각 점을 차례로 연결한 선내 ㈏부분 41.17㎡)의 임차인이다.

C. The Plaintiff was authorized to implement the project on August 22, 201 by the head of Bupyeong-gu Incheon Metropolitan City, and the authorization for the management and disposal plan on February 29, 2016, and was publicly notified on the same date.

The Plaintiff consulted with the owners, lessees, etc. including the above Defendants in order to acquire land to be incorporated in the business and transfer goods, but failed to do so, applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee.

Accordingly, on October 25, 2016, the committee rendered a ruling of expropriation on December 14, 2016 with regard to Defendant B, etc. on the commencement date of expropriation, and on December 1, 2016, rendered a ruling of expropriation on January 25, 2017 with regard to Defendant D, etc. on the commencement date of expropriation.

E. On December 12, 2016, the Plaintiff deposited the compensation stipulated in each of the above acceptance rulings in Defendant B and Defendant D on January 23, 2017, respectively.

바. 한편 피고 C은 원고에 대한 사업시행인가일 이후에 이 사건 건물 1층 중 남쪽 부분 호실(별지 도면 표시 1, 8, 3, 2, 1의 각 점을 차례로 연결한 선내 ㈎부분 41.17㎡)을 임차하여 이를 점유하고 있다.

[Ground of recognition] between the plaintiff, defendant B, and D: The facts without dispute, or as stated in Gap evidence Nos. 1 through 10 (including branch numbers), the purport of the whole pleadings and defendant C: Article 150(3) of the Civil Procedure Act (self-convening) (self-convening)

2. Determination

A. Article 49(6) of the Urban Rearrangement Act (i.e., Article 49(6)).