1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization to establish a housing redevelopment project association on August 25, 2009 for the purpose of housing redevelopment project (hereinafter “instant project”) consisting of housing redevelopment project with the area of the project district of the Suwon-si E 126,830 square meters.

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendants leased and possess each of the pertinent real estate listed in paragraph (2) of the “Indication of the Real Estate to be delivered to each Defendant” in the attached Table located within the instant business zone (hereinafter “each of the instant real estate”).

[Reasons for Recognition] Defendant B, C: Each entry in Gap evidence Nos. 1, 2, 4, 5, 6, and Gap evidence No. 3-2, and the purport of the whole pleadings as to defendant D: Confession

2. Determination

A. As to the cause of the claim, Article 81(1) main text of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, lease on a deposit basis, etc. shall not use the previous land or building or profit therefrom by the date of the public announcement of the management and disposal plan under Article 78(4).” Therefore, if the management and disposal plan is publicly notified, the use of or profit from the previous owner, etc. of the object shall be suspended until the date of the public announcement of the transfer under Article 86. Therefore, the project implementer can use or benefit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).