1. The defendant is based on Section 1, 2, 3, 4, 5, and 1 among the first floor of the real estate listed in the attached list to the plaintiff.

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established to remove old and inferior structures in Yangcheon-gu Seoul Metropolitan Government Group C and build new apartment houses and ancillary and welfare facilities above, and obtained authorization to establish an association from the head of Yangcheon-gu Seoul Metropolitan Government on March 27, 2009.

B. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization to implement a housing redevelopment improvement project from the head of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) on the land of 87,025 square meters in Seoul, Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”), and obtained authorization to implement the relevant management and disposal plan on July 8, 2016, and was publicly notified on July 14, 2016.

C. The Defendant leased and occupied the part of the real estate indicated in the order located in the instant rearrangement zone.

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

2. Determination

A. According to the above facts, when a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) of the Urban Improvement Act, a right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54 of the Urban Improvement Act, and the project implementer may use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As such, the defendant whose use or profit has been suspended pursuant to the public announcement of the approval of the management and disposal plan in this case, is obligated to hand over to the project implementer, who acquired the right to benefit from the use of

B. On the Defendant’s assertion, 1 Defendant should pre-performance the Plaintiff’s obligation to pay compensation for losses. As compensation for losses has not yet been completed, the Plaintiff’s instant case.