A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the size of 63,773,17 square meters as an improvement zone with the area of 63,73,17 square meters in Changwon-si.

B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on January 7, 2016.

C. Nonparty D is the owner of a building indicated in the attached list located in the rearrangement zone and has not filed an application for parcelling-out, and the Defendant is the occupant of the above building.

Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May

On October 20, 2016, the Plaintiff agreed with the Defendant to pay KRW 25,226,00 to the Defendant with the amount of business loss compensation and relocation expenses in the above building, and at the same time, agreed to deliver the above building from the Defendant.

F. The Plaintiff, who acquired the right to use and benefit as a project implementer, whose use and benefit has been suspended in accordance with the notice of the management and disposal plan, is obligated to deliver the said building to the Plaintiff at the same time as receiving KRW 25,226,00 from the Plaintiff in accordance with the above agreement.

2. Article 208 of the Civil Procedure Act.