1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. 1) The Plaintiffs entered into the instant lease agreement on December 12, 2007 into the real estate listed in the separate sheet (hereinafter “instant commercial building”).

(2) On the ground of the gift made by December 12, 2007, the Seoul Central District Court’s registration of transfer of ownership was completed as of December 12, 2007. (2) The Defendant leased the instant commercial building and operated a restaurant under the trade name “E” from July 1, 2009. However, on July 27, 2016, the Defendant determined that the instant commercial building will be leased from the Plaintiffs to the end of July 30, 2016 to the end of July 30, 2016, and that the term of lease expires as of July 31, 2016 to the end of July 30, 2016 (hereinafter “the instant lease agreement”), and that “the lessee or lessee shall not be entitled to all the leased facilities costs or rents even before the date of the lease agreement.”

3) The Plaintiffs expressed their intent to request the transfer of the instant commercial building by July 30, 2019, as it was difficult for the Defendant to renew the instant lease contract on or around June 2019, and the Defendant received it. (B) D Housing Reconstruction Project Association (hereinafter “D Housing Project Association”) (hereinafter “D”) obtained the authorization of establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, including the instant commercial building site, on September 10, 2013, in order to implement the housing reconstruction project by making the land outside the Seocho-gu Seoul Metropolitan Government and 381 parcels, including the instant commercial building site, as the project implementation district.

2) On September 27, 2017, the non-party association received the application for parcelling-out from the members of the association by determining the period for application for parcelling-out from October 13, 2017 to November 13, 2017 after obtaining authorization to implement the project from the head of Seocho-gu. The Plaintiffs did not apply for parcelling-out within the said period for parcelling-out. 3) The non-party association.