Defendant B, Defendant C, Defendant C, and Defendant D, respectively, have the real estate in the attached Table 1 attached hereto, the real estate in the attached Table 2.

Basic Facts

The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter referred to as the “Act on the Maintenance and Improvement of Urban Areas”) to implement a housing redevelopment project (hereinafter referred to as the “maintenance Project”) with the area (hereinafter referred to as the “instant project area”) of 61,795 square meters in Seo-gu, Busan.

On August 5, 2008, the Plaintiff obtained authorization from the head of the Gu for the implementation of the instant improvement project.

The approval of the implementation of the above project was announced on August 13, 2008.

On May 31, 2019, the Plaintiff received the approval of the management plan for the instant rearrangement project from the head of the Gu of Busan.

The management and disposal plan was announced on June 5, 2019.

The Defendants are the lessees of each real estate listed in the separate sheet owned by each partner in the instant project zone, who possess and use each real estate listed in the separate sheet.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 111 (including branches numbers, if any), and the whole purport of pleadings, Article 81(1) of the Act on Non-Urban Community, which provides that when a person holding a right, such as a person holding a superficies, a person holding a superficies, a right to lease on a deposit basis, etc., of the previous land or buildings, makes it possible for a project implementer to use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Accordingly, if the public announcement of the management and disposition plan is made by the project implementer, the project implementer may seek the transfer of real estate held by him/her against the lessee of the land or building in the rearrangement zone based on the above provision (see, e.g., Supreme Court Decision 2012Da62756, Jul. 24, 2014).