1. The Plaintiff, Defendant B shall set out the real estate set forth in the [Attachment No. 1], and Defendant C shall set out the [Attachment No. 1].

1. Facts of recognition;

A. The Plaintiff was an association established to implement a reconstruction project in Guro-gu Seoul Metropolitan Government D Il-gu, 1309m2, and was authorized by the head of the Gu on June 24, 2014.

B. On August 12, 2019, the Plaintiff obtained the approval of the management and disposition plan from the head of the Gu-gu Seoul Metropolitan Government, and at that time the content was publicly notified.

C. The Defendants are the lessees of the real estate listed in the separate sheet Nos. 1 and 2 in the above rearrangement zone (hereinafter “each of the instant real estate”), and possess each of the said real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 4, the purport of the whole pleadings

2. No right holder, such as the lessee of the previous land or structure, may use or profit from the previous land or structure by the date of public announcement of the approval of the management and disposal plan, when the determination of the cause of claim is made;

[The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents]

(2) The Defendants are obligated to deliver each of the instant real estate to the Plaintiff as a rearrangement project owner in accordance with the above management and disposition plan’s authorization notice, as a lessee of each of the instant real estate within the said rearrangement zone, barring any special circumstance.

3. As to the Defendants’ assertion and determination, the Defendants asserted that the reconstruction project infringes on the Defendants’ constitutional property rights by means of taking the property of a non-building leased church. Thus, the Defendants’ claim for delivery cannot be complied with until receiving compensation in accordance with the religious facility disposal plan, such as the new town district in Seoul.

However, in addition to the legislative purpose and purpose of the Urban Improvement Act, the characteristics of the housing reconstruction project under the Urban Improvement Act, and the Urban Improvement Act differs in the contents of specific regulations depending on the public nature and public interest of each project for various types of housing reconstruction projects.