1. The defendant shall leave the building in the attached list from 45.24 square meters on the roof of the block structure among the buildings listed in the attached list.

2...

1. Factual basis

A. On April 6, 2016, the Plaintiff was established in order to implement a housing redevelopment improvement project as the business area of Busan Jin-gu, Busan, and approved the management and disposal plan by the Busan, Busan, the Busan, and the said authorization was publicly notified on April 13, 2016.

B. The buildings listed in the attached list (hereinafter “instant building”) are three unauthorized buildings located within the Plaintiff’s above business area, and the Defendant’s punishment D owner is affiliated with the Plaintiff’s association as a member.

C. Of the instant buildings, the Defendant is residing in 45.24 square meters of the roof structure of the Nadong block structure (hereinafter “the instant building”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4-2, Gap evidence 6, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. Assertion and determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, any right holder, such as the owner, superficies, person having a right to lease, and lessee, of the previous land or structure, may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act, and the project implementer may allow him/her to use or profit from the former land or structure (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). As seen earlier, the public announcement of the Plaintiff’s approval of the management and disposal plan concerning the redevelopment of housing was made on April 13, 2016, the Plaintiff may use or benefit from the previous building, and the Defendant has no right

The plaintiff asserts that the defendant is a family member living together with the tenant or owner D, and as long as the defendant has publicly announced the approval of the management and disposal plan to the tenant or owner, the building will be occupied.