1. Of the buildings listed in the Appendix 1 List to the Plaintiff:

A. Defendant B is the first floor;

B. Defendant C is attached to the 2nd floor.

1. In full view of the overall purport of the pleadings, the facts as stated in the reasons for the claim in the separate sheet can be acknowledged in each of the statements in Gap evidence Nos. 1 through 6 (including those with a serial number; hereinafter the same shall apply);

2. Judgment on the parties' arguments

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents of the Defendants’ Real Estate (hereinafter “Urban Improvement Act”) provides that “When a public notice of a management and disposal plan is given pursuant to Article 78(4), a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public notice of transfer under Article 86.” Thus, the Defendants who occupy and use the instant real estate can no longer use or benefit from the said real estate, and the Plaintiff, a project developer,

따라서 원고에게, 별지1 목록 기재 건물 중, 피고 B은 1층을, 피고 C는 2층 중 별지2 제1도면표시 ㉡,㉢,㉣,㉤,㉡의 각 점을 순차적으로 연결한 선내 (나)부분 19.45㎡를 각 인도할 의무가 있다.

B. As to Defendant B’s assertion, Defendant B asserts that, inasmuch as the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) is not completed, the lessee of the building could use the building until the compensation for losses is completed, Defendant B’s right to use and benefit therefrom is not completed pursuant to Article 81(1)2 of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents.

In full view of the language and purport of Articles 38, 40(1), and 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 11293, Feb. 1, 2012), the proviso of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 11293, Feb. 1, 2012) (the same as Article 81(1)2 of the Act on the Maintenance and Improvement of Urban Areas) is as follows.