A. The Plaintiff is an association that obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) with the area of 126,278 square meters in Suwon-si, Suwon-si.

B. On June 8, 2018, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market announced the management and disposal plan of the said project on the same day.

C. The Defendant occupies each of the real estate in question (hereinafter “each of the real estate in this case”) indicated in the “mark of the real estate to be delivered” in the attached Table located within the instant rearrangement project zone as the lessee of each of the real estate in question.

【Reason for Recognition】 Each entry (including branch numbers, if any) of the evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, leasee, etc. of the previous land or building may not use the previous land or building or benefit therefrom until the date of public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That the same shall not apply where the project operator’s consent is obtained, and the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, Etc. for Public Works (hereinafter “Public Works”) is not completed.” According to the above findings, the defendant whose use or benefit from each of the instant real estate has been suspended in accordance with the public announcement of the approval of the management and disposal plan of the instant rearrangement project, is obligated to deliver each of the instant real estate to the Plaintiff who acquired the right to benefit from the use

B. As to this, the Defendant’s compensation for losses under the Public Works Act shall be completed.