1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established on November 30, 201 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 redevelopment and rearrangement project for the area of 204,123 square meters in Ulsan Metropolitan City, Jung-gu (hereinafter “instant rearrangement project”).

B. On February 27, 2017, the Plaintiff was authorized by the head of Ulsan Metropolitan City with respect to the instant improvement project from the head of the Gu, and the head of Ulsan Metropolitan City with the notice of the approval plan for the management and disposal of the said project on the same day.

C. The Defendants are currently occupying and using the said real estate as each owner of 1/2 shares of the real estate listed in the separate sheet.

The defendants did not apply for parcelling-out to the plaintiff within the period of application for parcelling-out.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings]

2. Determination

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claim, the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building. According to the above recognition facts, the Defendants, who are the 1/2 right holder of the real estate in the attached list within the rearrangement zone of the instant rearrangement project, lose the right to use or benefit from the said real estate, and the Plaintiff acquired the above right to use or benefit from the said real estate as the project implementer. Thus, the Defendants are obligated to deliver the said real estate to the Plaintiff, barring special circumstances.

B. The Defendants asserted to the effect that the Defendants cannot seek the delivery of the instant real estate since they failed to obtain the right to use and benefit from the said real estate because they failed to obtain the adjudication of expropriation and to receive the compensation, etc. for cash settlement.

Article 81 (1) (proviso) and (4) of the Urban Improvement Act.