1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project with the size of 55,523 square meters in Dongdaemun-gu Seoul Metropolitan Government D (hereinafter “Urban Improvement Act”) according to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government for the establishment of the association on July 4, 2008; the authorization for the implementation of the project on February 27, 2009; the authorization for the implementation of the project on May 1, 2014; the authorization for the implementation of the project on February 3, 2014; and the authorization for the implementation of the project on February 6, 201

B. The instant real estate is located within the project implementation district, and Defendant B is located within the said project implementation district, and Defendant C is leased and possessed the (A) portion of the instant real estate, and (b) portion of the instant real estate from E, F, G, and H, a co-owner.

C. On May 22, 2015, the Seoul Special Metropolitan City Regional Land Tribunal set the date of commencement of expropriation as of July 10, 2015, set the compensation for Defendant B as KRW 6,7810,00,00, and the Plaintiff deposited the compensation for the above compensation for the Defendant B on June 19, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts of recognition, as long as the public notice of approval of the management and disposal plan was given, the Defendants, who are the occupants of the project implementation district, are obligated to deliver

3. Judgment on the defendants' assertion

A. Defendant B’s assertion that Defendant B did not compensate for losses.