1.For the plaintiff:

A. Defendant B shall: attached Table 3. The real estate recorded in the Schedule;

B. The defendantC shall set forth the attached Table 5. The registered real estate in C.

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project for the Seongbuk-gu Seoul Metropolitan Government KK pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was granted authorization for the implementation of the project on January 10, 2013 from the head of Seongbuk-gu Seoul Metropolitan Government, and was granted approval for the management and disposal plan on September 12, 2016. The head of Seongbuk-gu Seoul Metropolitan Government Office announced the contents of the approval of the management and disposal plan on September 19

B. Each real estate listed in the separate sheet is located in the above rearrangement zone, and the defendants occupy each real estate as a member of the plaintiff association that owns each of the pertinent real estate listed in paragraph (1) of the order.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that “When a management and disposal plan is authorized and the public notice thereof is given, a right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the public notice of relocation is given in accordance with Article 54: Provided, That this shall not apply to the case of a right holder whose compensation for losses is not completed under Article 40 or the Act on the Acquisition of Land, etc.

According to the above legal provisions and the facts of recognition, the defendants whose use and profit have been suspended due to the announcement of the management and disposal plan under the main sentence of Article 49(6) of the Urban Improvement Act are obligated to deliver the pertinent real estate to the plaintiff who acquired the right to use and profit as the project implementer, except in extenuating circumstances.

B. As to this, Defendant I asserts that he cannot respond to the Plaintiff’s claim until he receives compensation for losses pursuant to the proviso of Article 49(6) of the Urban Improvement Act.

The Act on the Maintenance and Improvement of Urban Areas.