1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association approved by the head of the Seoul Central Government Office on September 4, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

On June 21, 2013, the Plaintiff obtained authorization from the head of Jung-gu Seoul Metropolitan Government to implement the project with H Jung-gu 68,255.8 square meters as an enforcement area. On January 22, 2015, the Plaintiff was authorized to implement the management and disposition plan and was publicly notified on the same day.

나. 위 사업시행구역 내에서, 피고 B은 별지 목록 제1항 기재 부동산의 1층 중 별지 도면1 표시 ⓐ, ⓑ, ⓒ, ⓓ, ⓐ의 각 점을 순차로 연결한 선내 (가) 부분 46.28㎡(S, 이하 ‘이 사건 제1부동산’이라고 한다)를, 피고 C은 별지 목록 제2항 기재 부동산의 1층 중 별지 도면2 표시 ⓔ, ⓕ, ⓖ, ⓗ, ⓔ의 각 점을 순차로 연결한 선내 (나) 부분 70.50㎡(T, 이하 ‘이 사건 제2부동산’이라고 한다)를, 피고 E은 별지 목록 3항 기재 부동산 중 지층 59.08㎡(이하 ‘이 사건 제3부동산’이라고 한다)를 각 점유하고 있다.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when the authorization of a management and disposal plan is publicly announced, the owners, superficies, persons holding rights, lease right, etc. of the previous land or buildings may not use or profit from the previous land or buildings without the consent of the project operator until the date of public announcement of relocation under Article 54 of the same Act.

According to the above legal provisions and the above facts of recognition, the defendants whose use and profit as a lessee has been suspended pursuant to the public notice of approval of the management and disposal plan against the plaintiff are currently in possession of the plaintiff as the project implementer.