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

3...

A. On September 24, 2009, the Plaintiff: (a) obtained authorization to establish a housing redevelopment project, the purpose of which is to improve housing redevelopment project based on the housing redevelopment project district of Suwon-si, Suwon-si, which is 139,29 square meters; and (b) obtained authorization for the implementation of the project on December 31, 2015; and (c) obtained authorization for the management and disposal on August 2, 2017.

B. The Defendant is the owner of the real estate indicated in the attached Table 14, located within the said project implementation district (hereinafter “instant building”).

C. On October 29, 2018, the Plaintiff received a ruling of expropriation of the Defendant’s real estate including the instant building from the Gyeonggi-do Local Land Tribunal, and deposited KRW 1,039,907,110 as compensation for losses under the said ruling of expropriation with the Defendant as depositee in Suwon District Court No. 13728 in 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4-14, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to deliver the instant building to the Plaintiff who acquired ownership through the adjudication of expropriation, as well as to acquire the right to use and benefit from the instant building after completing the compensation for losses after the authorization and announcement of the management and disposal plan.

Although the Defendant asserts that the Plaintiff could not respond to the Plaintiff’s claim because of the failure to receive the resettlement subsidy and the relocation cost, if the implementer of the housing redevelopment project deposited the compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal (see, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013); Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; Articles 54(2) and 55(2) of the Enforcement Rule of the same Act, the relocation cost and the relocation cost that are paid to the tenants of the residential building relocated following the implementation of public works shall be deemed to have been completed.