The Plaintiff, Defendant B, and Defendant C, real estate listed in attached Table No. 2, and real estate listed in attached Table No. 2.

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment and rearrangement project (hereinafter “instant project”).

B. On September 21, 2018, the head of Seogu Metropolitan City rendered a disposition of approval for the management and disposal of the instant project, and publicly notified on October 1, 2018.

C. All of the real estate listed in the separate sheet are located in the project implementation district of this case. Defendant B is located in the project implementation district of this case; Defendant C is the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the separate sheet No. 2; and Defendant D is the real estate listed in

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The main text of Article 81(1) of the Act on the Determination of Grounds for Claims provides that “Any right holder, such as the owner, superficies, mortgagee, 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 transfer under Article 86, if the public announcement of the management and disposal plan is made under Article 78(4).” Thus, when the public announcement of the management and disposal plan is made, the use or benefit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project operator may use or benefit from the previous land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The head of Seo-gu Metropolitan City rendered the disposition of the management and disposal plan of the project in this case on September 21, 2018; and the public announcement was made on October 1, 2018.