1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment List No. 6]

B. Defendant C is indicated in paragraph 8 of the attached list.

1. Determination as to the claim against Defendant B and D

A. 1) The Plaintiff is a housing redevelopment project partnership that was established with the total area of 22,489 square meters in Suwon-si, Suwon-si as a project implementation district. 2) The Plaintiff obtained authorization to establish a project on December 17, 2010, obtained authorization to implement the project on June 29, 2016, and obtained the authorization to implement the project on August 25, 2017 from the Suwon-si, and publicly announced the plan for the management and disposal of the project on the same day.

3) The said Defendants owned or occupied the pertinent real estate in the attached list located in the Plaintiff’s project implementation district. 4) The Plaintiff received a ruling of expropriation from the local Land Tribunal of Gyeonggi-do (date of the ruling of expropriation, October 1, 2018; November 15, 2018; hereinafter “instant adjudication of expropriation”) and deposited the total amount of compensation for the said Defendants as determined by the adjudication of expropriation.

【Ground of recognition】 The facts without any dispute, Gap’s 1, 2, 3, 4, Gap’s 5-2, 3, Gap’s 6, Gap’s 7-2, 8, and Gap’s 8, the purport of the whole pleadings and arguments

B. Determination 1) As to the cause of claim, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

Article 49(6) main text of Article 49(6) provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date the transfer is publicly notified under Article 54.” Thus, when the authorization of a management and disposition plan is publicly notified, the use or profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010)