Defendant B, Defendant C, Defendant C, and Defendant D, on the attached list 9, re-real estate in the attached list No. 8.

Basic Facts

The Plaintiff is an association established to implement a housing redevelopment and improvement project (hereinafter referred to as the “maintenance project of this case”) by setting the area of 69,774.7m2 in Busan House-gu E (hereinafter referred to as the “instant project area”) as the business area.

On September 13, 2005, the Plaintiff obtained authorization for the establishment of an association from the head of the Busan Seo-gu Office, and obtained authorization for the implementation of the business on July 7, 2006.

On January 28, 2018, the Plaintiff established a plan to revise the project implementation plan and obtained authorization for the change of the project implementation plan from the head of the Busan Seo-gu Office on August 22, 2018, and the said authorization was publicly notified on August 29, 2018.

The Plaintiff publicly announced the application for parcelling-out within a fixed period of 30 days from November 9, 2018 to December 8, 2012 in accordance with the project implementation change plan, and thereafter publicly announced the extension of the period from December 9, 2018 to December 15, 2018, and received the application for parcelling-out from the members during the said period.

Based on the current status of application for parcelling-out, the Plaintiff was authorized to establish and confirm a management and disposal plan on August 14, 2019 by the head of the Busan Nowon-gu Office.

On August 21, 2019, the head of the Busan Seo-gu Office publicly announced the management and disposal plan.

The Defendants possess each real estate listed in the separate sheet in the business area of this case as the lessee of each real estate listed in the separate sheet.

[Reasons for Recognition] A’s assertion of Evidence Nos. 1 through 11, and determination of the overall purport of the pleadings and the cause of a claim for suspension of the purport of the entire pleadings is based on Article 81(1) of the Act on the Maintenance of Residential Environments and Residential Environments (hereinafter “Urban Environment Adjustment Act”). Under Article 81(1) of the same Act, when a person holding a right, such as a person holding a superficies or a person holding a right to lease on a deposit basis, of a previous land or a building, has announced the existence of a management and disposition plan, he/she shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86, and the project implementer may use or benefit from the land or building (see