1. The Plaintiff:

A. Defendant B shall record the attached list of real estate in attached Form 1 real estate and record the attached Form 1 drawings in attached Form 2,3,8,9.

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Project”) to implement the housing reconstruction improvement project (hereinafter referred to as the “maintenance Project”) in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant rearrangement

B. The Plaintiff obtained authorization to establish an association on April 27, 2010 from the head of Yeongdeungpo-gu Seoul Metropolitan Government, and obtained authorization for a project implementation plan on March 2, 2012, and was publicly notified on March 22, 2016 upon receiving an approval for the management and disposal plan on March 24, 2016.

C. The Defendants leased and possessed each corresponding part of the attached list of real estate in the instant improvement zone.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence

2. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a public announcement of approval of a management and disposal plan under Article 49(3) of the same Act is given, any right holder, such as the owner or lessee of the previous land or building, shall not use or profit from the previous land or building, and the project implementer may use or profit from the previous land or building. Therefore, according to the above facts acknowledged, the Defendants are obligated to hand over each of the pertinent parts to the Plaintiff, who is the implementer of

3. Judgment on the defendants' assertion

A. As to the assertion on the constitutionality of relevant laws and regulations (i) recognizing the project implementer’s right to expropriate the right of lease that is not actually compensated in the housing reconstruction project under Article 38 or the main sentence of Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, unlike the housing redevelopment project, violates Article 23(3) of the Constitution

In addition to the legislative purpose and purport of the Act on the Maintenance and Improvement of Urban Areas and the characteristics of housing reconstruction projects under the Act on the Maintenance and Improvement of Urban Areas, the Act on the Maintenance and Improvement of Urban Areas and other types of projects.