1. The Plaintiff:

A. Defendant B delivers all the buildings listed in the annexed real estate list No. 1;

B. Defendant C shall be as shown in Appendix 1.

1. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project that designates the Seoul Gwangjin-gu E members as a rearrangement zone.

B. On October 18, 2017, the head of Gwangjin-gu approved and publicly notified the Plaintiff’s management and disposal plan (hereinafter “instant management and disposal plan”).

다. 피고 B은 원고의 정비구역 내에 위치한 별지1 부동산 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자이고, 피고 C은 이 사건 건물의 1층 중 별지2 제1도면 표시 ㉡,㉢,㉣,㉤,㉥,㉡의 각 점을 순차 연결한 선내 (나)부분 27.00㎡를 임차한 임차인으로 위 피고들은 각 해당 건물 부분을 점유ㆍ사용하고 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant B and C

A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Building Delivery provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4).” Thus, when the public announcement of the approval of the management and disposal plan is made, the use of or benefit from the former land or building by the right holder, such as the owner, superficies, leasee, etc., shall be suspended, and the project implementer shall be allowed to use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the said Defendants whose use or benefit has been suspended pursuant to the public announcement of

B. The Defendants’ assertion is one of the grounds for appeal.