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

3...

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the large-scale FF scale 26,712.6 square meters as a project implementation district. On April 17, 2018, the project implementation authorization was publicly notified by the head of the Gu of Daegu Metropolitan City as the Jung-gu public announcement ( October 20, 2018) upon obtaining project implementation authorization on April 17, 2018, and the authorization was publicly notified by the head of the Gu of Jung-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The management and disposal authorization was granted on February 25, 2019 and was publicly notified

B. The Defendants are occupying and using the instant building as a lessee of the Daegu Jung-gu D Building E (hereinafter “instant building”) located within the said project zone.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. When a management and disposal plan is approved and publicly announced in a housing redevelopment project for the cause of the claim, the lessee of the building in the rearrangement zone cannot use and benefit from the subject matter (Article 81(1) of the Urban Improvement Act). According to the above-mentioned facts, the Defendants, the lessee, are obliged to deliver the building in this case to the Plaintiff, the Plaintiff, who is the developer.

B. The Defendants alleged that the Defendants could not deliver the instant building because they did not receive relocation expenses. However, the residential relocation expenses and director expenses (Article 54(2) and Article 55(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects) received by the persons relocating the instant building due to public works are money given from the social security level for those who would suffer special difficulties due to the early relocation and smooth implementation of the project, along with the policy purpose to encourage the early relocation and to facilitate the relocation of the housing.

(see, e.g., Supreme Court Decision 2017Du40068, Oct. 31, 2017). In light of such nature, relocation expenses and director expenses are to be paid.