1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

1. Facts of recognition;

A. On January 31, 2011, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for establishment of a housing redevelopment and rearrangement project association from the government market on January 31, 201 in order to implement a housing redevelopment and rearrangement project in Dongwon D.

B. On November 4, 2016, the Plaintiff obtained the authorization of the management and disposal plan for the said rearrangement project from the government market, and the said authorization was publicly notified on the same day.

C. All of the real estate listed in the separate sheet Nos. 1 and 2 are located in the above rearrangement zone. Defendant B is each owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and Defendant C is a person subject to cash settlement, and is each owner of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. Article 49(3) of the former Act provides, “The head of Si/Gun shall, when he approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government.” The main sentence of Article 49(6) of the same Act provides, “When there exists a public announcement under paragraph (3), the owner of the previous land or structure, owner of superficies, leaser, etc. shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54.”

If a management and disposition plan is authorized and publicly announced pursuant to these statutory provisions, the former owner’s use and profit-making of the subject matter shall be suspended, so a project implementer may use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). As seen earlier, the Plaintiff’s management and disposition plan was authorized and publicly announced on Nov. 4, 201.