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

3...

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by setting the land size of 162,616 square meters in Gwangju-si as a project implementation district (hereinafter “instant project district”).

B. The Defendant occupies the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

C. On November 9, 2018, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-7, Gap evidence 3-6, the purport of the whole pleadings

2. According to the provisions of the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a notice of the approval of the management and disposal plan stipulated in the above Act is given, a right holder, such as an owner, lessee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and a project implementer can use or benefit

Since the management and disposal plan of this case was authorized and publicly announced on November 9, 2018, the Plaintiff acquired the right to use and benefit from the instant real estate located within the instant project zone.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.