2. The costs of the lawsuit are assessed against the defendant.

3...

A. The Plaintiff is a cooperative established to implement the housing redevelopment improvement project for the Seo-gu Busan metropolitan members (hereinafter “instant rearrangement project”); and the Defendant is the owner of the building indicated in the attached Table in the said project area (hereinafter “instant building”).

B. On March 18, 2015, the Plaintiff obtained the authorization of a management and disposal plan for a housing redevelopment project and obtained the authorization on February 26, 2016, and the said authorization was publicly announced on March 2, 2016.

C. The Plaintiff filed an application for adjudication to expropriate the instant building, etc. with the Defendant, which did not reach an agreement on compensation with the Plaintiff. On July 28, 2016, according to the adjudication to expropriate the instant building, the Plaintiff deposited KRW 12,020,550,000 with the Busan District Court Decision 201Da6342, Jun. 20, 2016.

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

2. Determination

A. According to the above facts of recognition as to the cause of claim, the above alteration plan is authorized and publicly notified so that the defendant's use and profit-making of the building in this case within the rearrangement zone is suspended pursuant to Article 49 (6) of the Urban Improvement Act, and the plaintiff, who is the implementer of the above rearrangement project, can use and profit from the building in this case. Thus, the defendant is obligated to deliver the building in this

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that the amendment of the management and disposition plan concerning the instant rearrangement project is null and void, and thus, the Plaintiff’s claim cannot be accepted. However, the evidence submitted by the Defendant alone is insufficient to accept it, and there is no other evidence to acknowledge it (On the other hand, the owners within the instant rearrangement project zone filed a lawsuit seeking revocation of the management and disposition plan and the amendment plan to Busan District Court 2015Guhap2579, but received a judgment against the Plaintiff on December 8, 2016)